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2018 Supreme(Mad) 4445
IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.K. SASIDHARAN, R. SUBRAMANIAN, JJ.
S. Sasikumar Prop. S.K.L.S. Retail Flower Shop, Chennai - Appellant
Versus
Government of Tamil Nadu, rep by Secretary, Housing and Urban Development Department & Others - Respondents
W.A. Nos. 2295, 2296, 2297, 2298, 2299, 2300, 2301, 2302, 2303, 2304, 2305, 2306, 2307,2308, 2325, 2326, 2327, 2330, 2331, 2332, 2333, 2350, 2351, 2352, 2354, 2355, 2356, 2357, 2358, 2359, 2360, 2361, 2362, 2363, 2364, 2365, 2367, 2373, 2374, 2375 & 2376 of 2018 & connected miscellaneous petitions
Decided On : 30-11-2018
For the Appellant :M/s. S. Sadasharam, Advocate.
For the Respondent:J. Pothiraj, Special Government Pleader, P.H. Aravind Pandian, Additional Advocate General - II, Assisted by S. Thiruvenkadam, Special Government Pleader, R. Arunmozhi Standing Counsel.
Headnote:
Tamil Nadu Specified Commodities Markets (Regulation and Location) Act, 1996 - Section20,21, 21(8)(c),21(8) - Madras City Municipal Corporation Act, 1919 - Sections 3,2(7),2(14),47 - Challenge - Forbearing from their men or agents from preventing from doing retail vending flower business - Retail flower vending business in small shops situate at Badrian Street George Town Chennai - According to them respondents had termed them as wholesale traders and are seeking to prevent them from carrying on business purportedly in exercise of their powers under Section 21 of Tamil Nadu Specified Commodities Markets Act - Contending that provisions of said Act bar only wholesale trading in areas outside specified market area as notified under said Act appellants would seek aforesaid relief of mandamus - Respondents resisted writ petitions contending that all these appellants are doing wholesale business in flower outside market area as notified under said Act - Wholesale trading in an area outside notified market area is prohibited and as such respondents have power to prevent appellants from carrying on wholesale business in an area outside market area particularly Badrian Street George Town Chennai - It is also contended that this Court had passed several directions in respect of regulation of wholesale business in George Town area - It is further contention of respondents that Koyambedu wholesale market was constructed only with a view to decongest George Town area where wholesale trading in perishable goods was carried on earlier - Under provisions of Act wholesale traders are required to register with market committee and market committee has allotted alternative accommodation for such registered wholesale traders in new market area developed at Koyambedu - Relying upon directions of this Court in respondents would contend that appellants who are among traders are actually engaged in wholesale business in flower and therefore they are justified in taking action against them for discontinuance of wholesale trade - Whether provisions of Tamil Nadu Specified Commodities Markets Act in particular Section 21 authorise authorities namely Market Committee to lock and seal premises which are otherwise in lawful occupation of appellants and dispossess persons who are otherwise in lawful occupation thereof for contravention of provisions of Act? Whether determination of factual question is as to whether appellants are carrying on wholesale trade is left to domain of Market Committee or it should be preceded by a criminal prosecution as contemplated under Section 47 of Act - Whether appellants are carrying on wholesale trade in a notified commodity namely flower - Whether appellants are carrying on business in wholesale or retail trade has not been undertaken before issuance of said notices - Whether a trader is a wholesale trader or retail trader - Whether trader is a wholesale trader or retail trader - Whether individual shop owners were doing business in wholesale or retail was not gone into by Division Bench - Whether authorities have power to lock and seal or dispossess a person from his own or rented premises for violation of provisions of Tamil Nadu Act 24 - Whether provisions of Act 24 of enable authorities to dispossess occupant of a private building if he/she is found to be carrying on business in contravention of provisions of Act answer would be a firm - Held, Court have already extracted directions issued by single Judge single Judge had directed authorities to lock and seal premises of all wholesale traders including premises of appellants in Badrian Street George Town Chennai within hours from date and time of receipt of a copy of order - Implementation of process has also been directed to be videographed - It is not in dispute that Koyambedu wholesale market has been notified as a wholesale market - There is no challenge to validity of said enactment - AH that respondents have required under provisions of Act is to locate wholesale trade in Koyambedu market as it has been declared as wholesale market - Expression wholesale trade has been defined in section 2(14) - Definition reads Whole sale trade means sale or purchase of any specified commodity for purposes other than direct consumption or use by purchaser and shall include holding of stocks or warehousing of such specified commodity at any place in market are any such seller buyer holder of stock or warehouse-keeper shall be deemed to be a wholesale trader - There is no quarrel that necessary declaration has been issued declaring area as wholesale market and a market committee has been established - Section 21 of Act provides that on and after issuance of notification by authority no person shall carry on wholesale trade of any specified commodity in any place other than notified market except under and in accordance with conditions of a licence granted in that behalf by market committee under Act - Section 20 provides for registration of wholesale traders - As such in terms of statutory provision after issuance of notification and constitution of a whole sale market as prescribed in Act wholesale trade of specified commodity outside market is not permissible and it is punishable - However Court need not elaborate provisions contained in Act for purpose of present case - It is being pointed out by counsel for petitioners/appellants that no authority has been constituted under Act to decide as to whether a trader is a wholesale trader or retail trader - But when action is taken for violation of statutory provision authorities competent to impose penalty or punishment will be competent to decide whether trader is a wholesale trader or retail trader - Though many of petitioners contended that they are not wholesale traders but atleast few of them admit themselves as wholesale traders - Ordered accordingly
JUDGMENT :
R. Subramanian, J.
Challenge in these writ appeals is to the order of the learned single Judge dated 09.10.2018 made in a batch of writ petitions which sought for issuance of a writ of mandamus forbearing the respondents from their men or agents from preventing the appellants from doing retail vending flower business at Badrian Street, George Town, Chennai-1.
2. The writ petitions were dismissed by the learned single Judge with the following directions:-
"27. This being the factum of the case, this Court has no hesitation in passing the following orders:-
(i) The relief as such sought for in all these writ petitions stand rejected.
(ii) The respondents are directed to lock and seal the premises of the whole sale traders including the premises of the writ petitioners in Badrian Street, George Town, Chennai-1 within a period of 48 hours from the date and time of the receipt of the copy of this order through the official website of the Hon'ble High Court of Madras.
(iii) The respondents are directed to take videograph of the implementation of the above directions.
(iv) The Commissioner of Police, Greater Chennai Corporation is directed to provide Police Protection for the competent officials for lock and seal the premises of the whole sale traders in Badrian Street, George Town, Chennai-1.
(v) The Commissioner of Police, Greater Chennai Police, Chennai-7, is directed to install a Police booth in the vicinity of Badrian Street to ensure that no further wholesale trade business is allowed either by the writ petitioners or by any other vendors.
(vi) The Commissioner of Police, Greater Chennai Police, Chennai 7, is directed to intensify the Police Patrolling in that locality till the normalcy arrived in that locality.
(vii) The Inspector of Police, C-1, Flower Bazaar Police Station, Chennai is directed to continue the investigation in respect of the FIR registered and proceed with the prosecution by following the procedures as contemplated.
(viii) In the event of any such further continuance of wholesale business by breaking open the official lock and seal in that locality, the Inspector of Police shall register complaints and prosecute the offenders by following the procedures as contemplated under law."
Aggrieved, the appellants have come forward with these writ appeals.
3. The case of the appellants before the writ court is that they are all doing retail flower vending business in small shops situate at Badrian Street, George Town, Chennai-1. According to them, the respondents had termed them as wholesale traders and are seeking to prevent them from carrying on the business purportedly in exercise of their powers under Section 21 of the Tamil Nadu Specified Commodities Markets (Regulation and Location) Act, 1996 (for brevity, 'the Act'). Contending that the provisions of the said Act bar only wholesale trading in areas outside the specified market area as notified under the said Act, the appellants would seek the aforesaid relief of mandamus.
4. The respondents resisted the writ petitions contending that all these appellants are doing wholesale business in flower outside the market area as notified under the said Act. Wholesale trading in an area outside the notified market area is prohibited and as such, the respondents have power to prevent the appellants from carrying on wholesale business in an area outside the market area particularly, Badrian Street, George Town, Chennai-1. It is also contended that this Court had passed several directions in respect of the regulation of wholesale business in George Town area. It is the further contention of the respondents that the Koyambedu wholesale market was constructed only with a view to decongest the George Town area where wholesale trading in perishable goods was carried on earlier. Under the provisions of the Act, the wholesale traders are required to register with the market committee and the market committee has allotted alternative accommodation for such registered wholesale traders
