IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 4.2.2010 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN Writ Petition No.2069 of 2010 and M.P.No.1/2010 Chennai Retail Flower Merchant's Welfare Association, (Reg. No.134/2000) rep. by its President 29, Bathriyan Street, Chennai – 600 001. .. Petitioner Versus The Member-Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natarajan Building, No.1, Gandhi Irwin Road, Egmore, Chennai – 600 008. .. Respondent PRAYER: Writ petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent not to proceed further to close down the Retail Flower Vending business of the members of the petitioner association at Bathriyan Street unlawfully and pass orders providing with sufficient time limit after holding/conducting individual personal enquiry of the members of the petitioner association as per direction of this Court in W.P.Nos.28909/04 and 12909/09, dated 27.11.2009. For Petitioner : Mr.Palaniselvaraj For Respondent : Mr.I.Paranthaman O R D E R The Writ Petition has been filed praying for a writ of Mandamus to direct the respondent not to proceed further to close down the Retail Flower Vending business of the members of the petitioner association, at Bathriyan Street, Chennai, unlawfully. 2. The petitioner has stated that it is a registered association under the Tamil Nadu Societies Registration Act, bearing Registration No.134/2000. https://hcservices.ecourts.gov.in/hcservices/ 3.The members of the petitioner association are carrying on retail trade in vending flowers. While so, the respondent had issued a notice, dated 7.10.2004, to the petitioner association, stating that the provisions of the Tamil Nadu Specified Commodities Markets (Regulation of Location) Act, 1996, prohibit wholesale trade of perishable goods, such as fruits, flowers and vegetables, after a notification had been issued, under Section 4 (i)(a) of the said Act. The petitioner association had been directed to stop the wholesale trade and to shift the trade carried on by its members to the Koyambedu Wholesale Market Complex. 4. It has also been stated that the petitioner had challenged the said notice, by way of a writ petition, in W.P.No.29809 of 2004, on the ground that no prior notice had been issued and that the notice impugned in the said writ petition had been issued without jurisdiction, as the members of the petitioner association are carrying on only retail business and that the Tamil Nadu Specified Commodities Markets (Regulation of Location) Act, 1996, applies to only wholesale trade. 5. This Court had passed a common order, in W.P.No.29809 of 2004 and W.P.No.12909 of 2009, on 27.11.2009. Paragraph 24 of the said order reads as follows: "24. Hence notice will be given to Chennai Retail Flower Merchants Welfare Association with registration No.134/2000 represented by its President at No.29, Badrian Street within one week from the date of receipt of the copy of this order. The said association will in turn inform all its members as well as furnish a list of members with addresses to the CMDA. The CMDA on fixing the date for an enquiry, shall give an opportunity to those persons either individually or to a nominee of the association. After hearing them, it can pass an appropriate order. This exercise should be undertaken within one month from the date of receipt of this order. Till such time CMDA passes an order, status quo as on date shall continue. However, CMDA is entitled to utilize the service of the Corporation of Chennai for the purpose of conducting an enquiry including identifying persons and serving notice on respective parties. The CMDA can also cause a public notice in news papers so that no other person can come and claim that he had not been given any notice. Such publication in a prominent news paper will be considered as supplement notice." 6. The present writ petition has been filed by the petitioner association stating that there is a serious threat, on the members of the petitioner association, who are carrying on retail vending in flowers, of being evicted, unlawfully, without https://hcservices.ecourts.gov.in/hcservices/ following the directions issued by this Court, in its order, dated 27.11.2009. 7. The learned counsel appearing on behalf of the respondent had categorically stated that the directions issued by this Court, by its order, dated 27.11.2009, made in W.P.No.29809 of 2004 and W.P.No.12909 of 2009, are being strictly followed. The notice, dated 29.12.2009, had been issued to the petitioner association calling the members for an enquiry, as directed by this Court, by its order, dated 27.11.2009. 8. It has also been stated that on receiving the necessary particulars, the respondent would act in accordance with the directions issued by this Court, by its order, dated 27.11.2009. 9. The averments and the allegations made by the petitioner association, in the present writ petition, are ill-founded, as no action is being taken against the members of the petitioner association, unlawfully, as alleged. However, necessary action would be taken against the members of the petitioner association, as per the directions issued by this Court, by its order, dated 27.11.2009, made in W.P.No.29809 of 2004 and W.P.No.12909 of 2009, and as per law. 10. It has also been stated by the learned counsel appearing on behalf of the respondent that the members of the petitioner association had participated in the enquiry, held on 31.12.2009. They had requested for time till 20.1.2010, to submit the particulars. Based on the particulars received by the respondent, appropriate action would be taken, as per law and in accordance with the directions issued by this Court, by its order, dated 27.11.2009, made in W.P.No.29809 of 2004 and W.P.No.12909 of 2009. 11. In view of the submissions made by the learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the respondent, it is expected that the respondent would act only in accordance with the directions issued by this Court, by its order, dated 27.11.2009, made in W.P.No.29809 of 2004 and W.P.No.12909 of 2009. As no further orders are required to be in the present writ petition, the writ petition stands closed. No costs. Consequently, connected M.P.No.1 of 2010 is closed. Sd/- Asst.Registrar /True Copy/ Sub.Asst.Registrar lan/vs https://hcservices.ecourts.gov.in/hcservices/ To The Member-Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natarajan Building, No.1, Gandhi Irwin Road, Egmore, Chennai – 600 008. + 1 cc to Mr.R.G.Narendhiran,Advocate,SR.6804 + 1 cc to Mr.I.Paranthamen,Advocate,SR.6710 W.P. NO.2069 OF 2010 VSN(CO) EM/10.2.10 https://hcservices.ecourts.gov.in/hcservices/