1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.04.2011 CORAM: THE HON'BLE MS. JUSTICE K. SUGUNA and THE HON'BLE MR. JUSTICE A. ARUMUGHASWAMY W.P. (MD) No.3436 of 2011 and M.P. No.1 of 2011 N. Madasamy Petitioner vs. 1 The Government of Tamil Nadu represented by its Principal Secretary and Agriculture Production Commissioner Agricultural Department Fort St. George Chennai 600 009 2 The Commissioner Directorate of Agricultural Marketing & Agri Business Thiru Vi Ka Industrial Estate Chennai 600 032 3 The District Collector Tirunelveli District 4 The Secretary Tirunelveli Marketing Committee (Agri) Near Palayamkottai Central Prison Palayamkottai Tirunelveli 627 002 Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents to implement the orders passed by the second respondent in br/K/Mvz;tpFjp/4/8901/2008. dated 18.06.2010 by evicting the merchants who are permanently occupied the shops at Kavalkinaru Flower Action Centre which are meant for the agriculturist of vegetables and fruits with immediate effect. For petitioner Mr. E.K. John Victor Ellis for Mr. Ananth C. Rajesh For respondents Mr. R. Janakiramulu Spl. Government Pleader ORDER (Order of the Court was made by K. SUGUNA, J.) This writ petition is filed for the issuance of a writ of mandamus directing the respondents to implement the order passed by the second respondent in br/K/Mvz;/tpFjp.4/8901/2008 dated 18.06.2010 by evicting the merchants who have permanently occupied the shops at Kavalkinaru Flower Auction Centre which are meant for agriculturalists of vegetables and fruits. https://hcservices.ecourts.gov.in/hcservices/ 2 2. The case of the petitioner is that he is an agriculturalist cultivating vegetables. In this writ petition, the petitioner seeks implementation of the order dated 18.06.2010 reads as follows: "ghh;it 1y; fhQqk; fojj;jpy; bjhptpf;fg;gl;Ls;s nfhhpf;ifapd;goa[k;. ghh;it 2y; fhQqk; jpUbey;ntyp tpw;gidf;FG brayhsh; nfhhpa[s;sgoa[k;. fhty; fpzW kyh; Vy ikaj;jpy; bray;gl;L tUk; filfis fPH;f;fz;lthW gad;gLj;jpf;bfhs;s mDkjp Miz tH';fg;gLfpwJ/ fhty; fpzW gFjpapy; tpisa[k; fha;fwpfs; kw;Wk; gH';fis tpw;gid bra;tjw;F VJthf ,k;kyh; Vyikaj;jpy; kyh; cw;gj;jp bra;a[k; tptrhapfSf;F Kd;Dhpik bfhLj;J xJf;f PL bra;j filfs; nghf kPjKs;s filfis fha;fwp kw;Wk; gH';fs; cw;gj;jp bra;a[k; tptrhapfSf;F jw;fhypf Kiwapy; eph;thfj;jpw;F vt;tpj ,ila{Wkpd;wpa[k;. kyh; Vy ikaj;jpy;. kyh; tpw;gidf;F gpd;gw;wg;gLk; nritf; fl;lzk; cl;gl midj;J tpjpKiwfSf;Fl;gl;Lk; gad;gLj;jpf; bfhs;s brayhsh;. jpUbey;ntyp tpw;gidf;FGtpw;F mDkjp tH'fg;gLfpwJ/" As per the said proceedings, after allotting shops to the flower vendors, the remaining shops can be allotted to the agriculturists who are cultivating vegetables and fruits on temporary basis. The grievance of the petitioner is that some of the individuals are in occupation of some of the shops on permanent basis with the help of the local heads; consequently, this writ petition is filed. 3. Even as per the order dated 18.06.2010 passed by the second respondent itself, preference should be given to the flower vendors and remaining shops alone can be given to the agriculturalists cultivating vegetables and fruits. But, in the affidavit filed, no particulars have been given with regard to the shops which are used by the flower vendors and also the remaining shops which are utilised by the non-flower cultivators. Apart from this, in the order dated 18.06.2010 passed by the second respondent also, no whisper is found with regard to the allotment of shops on permanent basis. As far as these shops are concerned, always, based on the lease for a particular period of time, they are allotted by the local bodies. In the absence of particulars with regard to the contravention of allotment regulations with the details of individuals to whom the same has been allotted, this Court cannot issue any direction. Hence, this writ petition is dismissed. However, the petitioner is at liberty to make a representation with all details to the second respondent and in the event of such a representation being made by the petitioner, the second respondent is directed to consider the same and to take appropriate steps. No costs. Sd/- Assistant Registrar (CO) /True copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1 The Principal Secretary and Agriculture Production Commissioner Agricultural Department Government of Tamil Nadu Fort St. George Chennai 600 009 2 The Commissioner Directorate of Agricultural Marketing & Agri Business Thiru Vi Ka Industrial Estate Chennai 600 032 3 The District Collector Tirunelveli District 4 The Secretary Tirunelveli Marketing Committee (Agri) Near Palayamkottai Central Prison Palayamkottai Tirunelveli 627 002 +1CC TO THE SPECIAL GOVERNMENT PLEADER, SR.12704 Cad SR : 22.06.2011 : 3p/6c W.P. (MD) No.3436 of 2011 05.04.2011 https://hcservices.ecourts.gov.in/hcservices/