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2021 Supreme(Mad) 1481

R. MAHADEVAN, N. SESHASAYEE, G. R. SWAMINATHAN
S. Sasikumar – Appellant
Versus
Government of Tamil Nadu – Respondent


Advocates Appeared:
For the Appellant :S. Sadasharam, Advocate.
For the Respondents:J. Pothiraj, Special Government Pleader, P.H. Aravind Pandian, Additional Advocate General-II assisted by S. Thiruvenkadam, Special Government Pleader, R. Arunmozhi, Standing Counsel and V. Lakshminarayanan for M.V. Seshachari, Advocates.

ORDER :

G.R. Swaminathan, J.

1. A Division Bench of this Court vide order dated 30.11.2018 made in W.A. No. 2295 of 2018 etc., referred the following questions for determination by a Larger Bench:

    "(i) Whether the provisions of the Tamil Nadu Specified Commodities Markets (Regulation of Location) Act, 1996, in particular, Section 21 authorise the authorities, namely, the Market Committee to lock and seal the premises which are otherwise in lawful occupation of the appellants and dispossess the persons who are otherwise in lawful occupation thereof for contravention of the provisions of the Act? and

(ii) Whether the determination of the factual question is as to whether the appellants are carrying on wholesale trade is left to the domain of the Market Committee or it should be preceded by a criminal prosecution as contemplated under Section 47 of the Act?"

Pursuant to the order of reference, the Hon'ble Chief Justice constituted this Full Bench for answering the same.

What led to the reference?

2. In George Town area in Chennai, wholesale trade in various commodities was carried on. Badrian Street was known for wholesale trade in flowers. Even the jurisdictional police station is known as

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