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

[1/19, 15:02] Sekarreporter1: 🌹[1/19, 15:01] Sekarreporter1: WA.Nos.2295 of 2018 etc., batch
4.Chennai Pushpa Viyabarigal and
Commission Agentugal Sangam,
Rep.by its President Mr.Uthappan,
No.18/2, Gangaiamman Koil Street,
T.Nagar, Chennai – 600 017. … Respondents
(4
th Respondent is impleaded as per the
order of the court made in CMP No.6107 of 2020)
dated 14.12.2020)
Prayer : Writ Appeal is filed under Clause 15 of the Letters Patent, to
set aside the order passed in WP No.2392 of 2016 dated 09.10.2018
and pass such such further or other orders as this Court may deem fit
and proper and render justice.
For Appellant Mr.S.Sadasharam
For Respondent No.1 Mr.J.Pothiraj, Special Government
Pleader
For Respondent No.2 Mr.P.H.Aravind Pandian,
Additional Advocate General -II,
assisted by Mr.S.Thiruvenkadam,
Special Government Pleader
For Respondent No.3 Mr.R.Arunmozhi, Standing
Counsel
For Respondent No.4 Mr.V.Lakshminarayanan
for Mr.M.V.Seshachari
ORDER ON REFERENCE
G.R.SWAMINATHAN, J.
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 :
2/28
[1/19, 15:01] Sekarreporter1: 🌹
[1/19, 15:30] Sekarreporter1: 🌹[1/19, 15:01] Sekarreporter1: WA.Nos.2295 of 2018 etc., batch
4.Chennai Pushpa Viyabarigal and
Commission Agentugal Sangam,
Rep.by its President Mr.Uthappan,
No.18/2, Gangaiamman Koil Street,
T.Nagar, Chennai – 600 017. … Respondents
(4
th Respondent is impleaded as per the
order of the court made in CMP No.6107 of 2020)
dated 14.12.2020)
Prayer : Writ Appeal is filed under Clause 15 of the Letters Patent, to
set aside the order passed in WP No.2392 of 2016 dated 09.10.2018
and pass such such further or other orders as this Court may deem fit
and proper and render justice.
For Appellant Mr.S.Sadasharam
For Respondent No.1 Mr.J.Pothiraj, Special Government
Pleader
For Respondent No.2 Mr.P.H.Aravind Pandian,
Additional Advocate General -II,
assisted by Mr.S.Thiruvenkadam,
Special Government Pleader
For Respondent No.3 Mr.R.Arunmozhi, Standing
Counsel
For Respondent No.4 Mr.V.Lakshminarayanan
for Mr.M.V.Seshachari
ORDER ON REFERENCE
G.R.SWAMINATHAN, J.
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 :
2/28
[1/19, 15:01] Sekarreporter1: 🌹

 

 

 

 

 

[1/19, 14:56] Sekarreporter1: WA.Nos.2295 of 2018 etc., batch
THE HIGH COURT OF JUDICIATURE AT MADRAS
RESERVED ON : 14.12.2020
PRONOUNCED ON : 19.01.2021
CORAM :
THE HONOURABLE MR.JUSTICE R.MAHADEVAN
THE HONOURABLE MR.JUSTICE N.SESHASAYEE
AND
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.A Nos.2295 to 2308, 2325 to 2327, 2330 to 2333, 2350 to 2352,
2354 to 2365, 2367, 2373 to 2376, 2433, 2452 to 2460, 2466,
2467, 2472, 2473 & 2481 to 2483 of 2018
and
Connected Civil Miscellaneous Petitions
In WA(MD)No.2295 of 2018 :
S.Sasikumar … Appellant
Vs.
1.Government of Tamil Nadu,
Rep.by the Secretary,
Housing and Urban Development Department,
Fort St.George, Chennai – 600 009.
2.The Member Secretary,
Chennai Metropolitan Development Agency,
No.1, Gandhi Irwin Road,
Egmore, Chennai – 600 008.
3.The Chief Executive Officer,
Chennai Metropolitan Development Authority,
No.1, Gandhi Irwin Road,
Egmore, Chennai – 600 008.
1/28
[1/19, 14:56] Sekarreporter1: 🌹

WA.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

 

 

 

 

 

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