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Admk eps ops case
by Sekar Reporter · Published December 12, 2022
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Mhc full bench orderWA.Nos.2295 of 2018 etc., batch 18.Accordingly, we answer the reference in the following terms : (i)The provisions of the Tamil Nadu Act 24 of 1996 authorise the local authority as defined in Section 2(5) of the Act 24 of 1996 and not the market committee to lock and seal the premises for contravention of the provisions of the Act. (ii)The local authority is empowered to factually determine whether the persons concerned are carrying on wholesale trade in the non-market areas. It is not necessary that this factual determination should be preceded by criminal prosecution as contemplated under Section 47 of the Act. (RMD, J), (NSS, J) & (GRS, J) 19.01.2021 Index : Yes / No Internet : Yes / No Skm Note : In view of the present lock down owing to COVID- 19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. 26/28
by Sekar Reporter · Published January 19, 2021