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IN THE HIGH COURT OF JUDICATURE AT MADRAS
V.LAKSHMINARAYANAN
Koyambedu Periyar Kaaikari Aangadi Maempaatu Sangam – Appellant
Versus
State of Tamil Nadu – Respondent
| Table of Content |
|---|
| 1. challenge to the tender notification based on assertive jurisdiction over property sales. (Para 1 , 2 , 3) |
| 2. arguments against jurisdictional authority of the cmda to sell market properties. (Para 4 , 5 , 6) |
| 3. previous litigation influencing the authority for current tenders. (Para 10 , 11) |
| 4. legal interpretations regarding legislation governing market property management. (Para 14 , 15 , 19) |
| 5. final ruling dismissing the petition based on statutory authority. (Para 30 , 31) |
ORDER :
1. The petitioner is an association of traders in the Koyambedu market. The members of the petitioner association indulge in vegetable business. Each of the members have been allotted shops in the Koyambedu Wholesale Market. In the market, seven godowns were constructed for the benefit of those in retail trade.
2. The petitioner alleges that the seven godowns were constructed in order to provide space for storing goods by the traders, who have been allotted the shops. It is stated that of the seven godowns bearing Nos.VN-124, VG-88, E-88, J-88, H-88, A-124 & C-88, godown No.A-124 alone was the subject matter of a sale in the year 2006. Other godowns were initially allotted on rental basi
The power to manage and sell public market properties lies with the designated authority, dismissing claims of exclusive rights by vendors under market regulation statutes.
The discretionary allotments made by the CMDA Chairman were invalid; any property transactions based on such allotments are unenforceable, subject to the outcomes of ongoing litigation.
Court directs authorities to consider representations for shop allotments and pass orders within stipulated time.
Right to Health is a part and parcel of Right to Life and right to health is a fundamental right guaranteed to every citizen of India under Article 21 of Constitution of India. Article 19 cannot prev....
The court held that equitable treatment in administrative actions is essential, allowing similarly situated individuals the same rights in allocations as previously successful applicants.
The court mandates transparent public auction for government property allotments, emphasizing procedural compliance to prevent arbitrary dispossession.
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