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2015 Supreme(Mad) 3412

V.RAMASUBRAMANIAN, T.MATHIVANAN
Thiruvarur Agricultural Marketing Committee – Appellant
Versus
State of Tamil Nadu – Respondent


Advocates:
Advocate Appeared:
For the Appellant :A.L. Somayaji, Advocate General assisted by V. Jayaprakash Narayanan, Spl. Government Pleader
For the Respondents:A. Srijayanthi, Spl. G.P., K.M. Vijayan, Sr. Counsel for R.T. Shyamala, Advocate

JUDGMENT :

V. Ramasubramanian, J.

1. One National Traders, which is the 11th respondent in the writ appeal, filed a writ petition in W.P. No. 33206 of 2012, praying for the issue of a writ of mandamus to forbear the respondents from enforcing the provisions of the Tamil Nadu Agricultural Produce Marketing (Regulations) Act, 1987 and the Rules made thereunder, by any Market Committee in respect of the purchase of any notified agricultural produce effected outside the notified market area and sold inside or outside the market area as per the Government Gazette in G.O. Ms. No. 3 dated 4.1.2003. The claim of National Traders in its writ petition W.P. No. 33206 of 2012 was that it was carrying on the trade of sale of wheat, rice, pulses etc., purchased both from inside and outside the notified area as raw material and that the Local Market Committee was not entitled to levy market fees and launch prosecution for non payment of fees, in terms of the power conferred under Section 24(1) of the Tamil Nadu Agricultural Produce Marketing (Regulations) Act, 1987 and in terms of Rules 32 and 33 of the Rules.

2. The said writ petition was disposed of by a learned Judge, by an order dated 19.12.2012























































































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