IN THE HIGH COURT OF JUDICATURE AT MADRS DATED : 30.4.2009 CORAM THE HONOURABLE MR. JUSTICE P.K. MISRA AND THE HONOURABLE MR. JUSTICE D. HARIPARANTHAMAN WRIT PETITION NO.41822 OF 2006 and connected Miscellaneous Petitions 1. K.R. Ramaswamy @ Traffic Ramaswamy ... Party-in-Person 2. P. Vadivelu ... Petitioner (Impleaded as per Order in M.P.No.1/08 in W.P.No.41822/06 dated 1.7.2008) Vs. 1. State rep. by The Home Secretary Tamil Nadu Secretariat, Chennai – 600 009. 2. The Secretary Municipal Administration Tamil Nadu Secretariat, Chennai – 600 009. 3. The Secretary Transport Department Government of Tamil Nadu Chennai – 600 009. 4. The Commissioner of Police Greater Chennai Egmore, Chennai – 600 008. 5. The Commissioner of Corporation Chennai City Rippon Building Chennai – 600 003. 6. The Joint Commissioner of Police Traffic, Chennai City Vepery, Chennai – 600 007. https://hcservices.ecourts.gov.in/hcservices/ 7. The Secretary Housing & Urban Developing Department Chennai. 8. The Member Secretary Chennai Metropolitan Development Authority No.i, Gandhi Irwin Road Egmore, Chennai – 8. 9. The President Tamil Nadu Isphat Parishad Ltd., No.9, Sembudoss Street, 1st Floor Chennai – 1. 10. The President The South India Iron & Hardware Merchants Association, No.54, Sembudoss Street II Floor, Chennai – 1. 11. The President Steel Tube Dealers Association No.29, Sembudoss Street Chennai – 1. 12. The President Tool & Alloys Steel (Dealers) Association C/o. Sunil Enterprises, Nos.38 & 39, Coromondal Towers, SIDCO Industrial Estate Ambattur, Chennai – 98. ... Respondents 2nd petitioner was impleaded as per Court Order dated 01.07.2008 in M.P.No.1/2008 R7 & R8 were impleaded as per Order of the Court dated 02.11.2006 R9 to R12 were impleaded as per Suo Motu Court Order dated 28.2.2008 in W.P.No.41822 /2006 Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to shift the Iron and Steel market godowns and sales shops from G.T. Residential area to Sathankadu as per the earlier proposal to the allotted space for them at an early date, keeping in mind the safey of the general public and free flow of traffic in the city of Chennai. https://hcservices.ecourts.gov.in/hcservices/ For Petitioner No.1 : Mr. K.R. Ramaswamy @ Traffic Ramaswamy – Party-in- Person For Petitioner No.2 : Mr. K. Ramasundaram For R1 to R4 & R6 : Mr. G. Desingu, Spl.G.P. For R5 : Mr. V. Bharathidasan For R7 : Mr. R. Girirajan For R8 : Mr. I. Paranthaman For R9 to R11 : Mr. Sathish Parasaran O R D E R (Order of the Court was made by P.K. Misra, J.) Heard all the counsel appearing for the parties. 2.This case clearly indicates the lackadaisical attitude shown by all concerned in implementing the Government Order in G.O.Ms.No.62, Housing and Urban Development (UD III (1) Department, dated 23.02.1999 that set the deadline as 28.02.1999 for shifting the wholesale trading of Iron and Steel goods from George Town area to Sathangadu. Now, 10 years have gone. Unfortunately, the things moved only at snail's pace forcing this Court to issue several directions from time to time for personal appearances of officers concerned and for filing of status reports. Considering the nature of grievance of the people living in the George Town area, which is a residential area, i.e. residents in the George Town residential area suffer sleepless nights due to loading and unloading of Iron and Steel materials and allied industrial activities such as welding etc., in view of the carrying on of the wholesale trade in Iron and Steel materials, as the matter involves Article 21 of the Constitution, this Court took an activist approach in public interest and issued several directions as detailed herein below which this Court would not do in normal circumstances. 3.The Tamil Nadu Legislative Assembly enacted the Tamil Nadu Act 24 of 1996 namely, the Tamil Nadu Specified Commodities Markets (Regulation of Location) Act, 1996. The object of the Act is to regulate the location of market areas of wholesale markets in respect of specified commodities in Madras Metropolitan area, taking into account the fast growth of population and commercial activities, the congestion and consequential traffic, accommodation and other problems in Madras Metropolitan area. The above said https://hcservices.ecourts.gov.in/hcservices/ statue was enacted to shift as many commercial activities as possible to other areas to decongest the affected areas in the public interest. 4.In order to achieve the aforesaid objective, market areas are declared under Section 4 of the Tamil Nadu Act 24 of 1996 for the wholesale trade of the specified commodities and the wholesale trade of the specified commodities should confine to those market areas alone and the Metropolitan city is thus decongested. 5.The aforementioned G.O.Ms.No.62 dated 23.02.1999 is one such Notification issued under Section 4 of the Tamil Nadu Act 24 of 1996 declaring “Sathangadu Iron and Steel Market Area” to be the market area for Chennai Metropolitan area in respect of iron and steel materials, which is one of the specified commodities under the schedule to the Act as defined in Section 2(13) of the Act. 6.In fact, according to the said Government Order, earlier it was notified that the shifting of the wholesale trade in iron and steels to the new market area was with effect from 01.03.1998. However, considering the request made from the trading communities involved in the wholesale trade in iron and steel, the dead line was extended from 01.03.1998 to 28.02.1999 by the aforesaid Government Order. 7.The first petitioner herein moved the Public Interest Litigation, for a direction to shift the iron and steel market godowns from George Town residential area to Sathangadu as per the Government Order, since the wholesale trade in iron and steel is carried on in the George Town for years together even after the aforesaid Government Order. 8.The second petitioner was impleaded by an order dated 01.07.2008 as he is a permanent resident of the George Town area and he made a grievance that he was seriously affected due to the carrying on of the wholesale trade in iron and steel in the area affecting his normal life. 9.Respondent 7, Housing and Urban Development Department and respondent 8, Chennai Metropolitan Development Authority (in short CMDA) were impleaded by order dated 02.11.2006 and 22.02.2007 respectively. Respondents 9 to 12, the Associations of Wholesale Traders in Iron and Steel, were impleaded suo motu by this Court on 28.02.2008. 10.As per the counter affidavit of CMDA, the CMDA developed iron and steel market area at Sathangadu villae in an extent of 203 acres. It is further stated that 35.51 acres were allotted to Steel Authority of India Ltd., (SAIL) and 13.21 acres were allotted to Vishakapatnam Steel Plant besides developing 850 plots of varying size from one ground to three grounds for the traders and https://hcservices.ecourts.gov.in/hcservices/ 629 plots out of those plots were allotted to the traders. Paragraph No.6 of the counter affidavit filed by the CMDA, which is relevant, is extracted here-under: “6.This respondent submits that the Government in G.O.Ms.No.62, Housing and Urban Development Department, dated 23.2.99 issued orders under Section 4(1) of Tamil Nadu Specified Commodities Act, 1996 declaring the Iron and Steel Market at Sathangadu as “Market Area” for wholesale trade in Iron and Steel goods with effect from 1.3.99 and the same was published in Tamil Nadu Government Gazette under Part II Section – 2,, dated 1.3.1999. The Corporation of Chennai and Commercial Tax Department were requested not to issue fresh licenses and refuse the renewal of licenses to the Iron and Steel Traders in George Town Area. The Joint Commissioner of Police (Traffic) was requested to stop all heavy vehicle movements in George Town area. In this regard, a meeting was also convened on 24.3.1999 at CMDA with the Iron and Steel Traders Association. The Deputy Commissioner of Police and Revenue Officer of the Chennai Corporation attended the meeting. The traders were informed on the notification of declaring the Iron and Steel Market, Sathangadu as market area for the Iron and Steel trade and requested to construct the building and start the business at the new market. The Deputy Commissioner of Police (Traffic) assured to provide all the assistances and support in enforcing prohibition of lorry movement in George Town area. The Chennai Corporation officials informed that Chennai Corporation is not issuing trade license for the Iron and Steel business as it does not require license under Municipal Corporation Act”. 11.Though it was stated by the CMDA in their counter affidavit as stated above that the Corporation of Chennai and Commercial Tax Department were requested not to issue fresh licenses and to refuse the renewal of licenses to iron and steel traders in George Town Area and the Joint Commissioner of Police (Traffic) was requested to stop all the heavy vehicles movement in George Town area, the wholesale trade merrily continued in the George Town area. 12.In the said circumstances, since two years were over after filing of the writ petition, this Court on 09.06.2008 directed CMDA to file status report. Accordingly, the CMDA filed a status report dated 23.06.2008. 13.Since the status report filed by the CMDA showed no progress in shifting of the wholesale trade in Iron and Steel to https://hcservices.ecourts.gov.in/hcservices/ Sathangadu Market Area, this Court was forced to pass the following order on 14.07.2008 so as to issue positive direction to implement the Government Order in G.O.Ms.No.62 dated 23.02.1999. “we feel that in order to expedite the entire process, it would be better if all the officers concerned remain present in Court so that the acute and chronic problem can be sorted out. Accordingly, respondents 1 to 5, 7 herein, the Additional Commissioner (Traffic), Chennai and the Deputy Commissioner (Traffic)-North shall be present in Court on 18.7.2008 at 2.30 pm.” 14.The concerned officers were present on 18.07.2008 pursuant to the order of this Court. In the presence of all the officers concerned, as the matter involves public interest, this Court on 18.07.2008 issued the following positive direction that the shifting should be completed before 31.03.2009. "1.Pursuant to the earlier direction of this Court dated 14.7.2008, all the officers concerned are present. 2.The office bearers of the various associations along with their advocates are also present. 3.We have heard the petitioner No.1 in person, the learned counsel appearing for the petitioner No.2 and the learned counsels appearing for all the respondents. We have also heard the officers who are present. 4.It is tentatively decided that the process of shifting iron and steel market should be completed at least by 31st March, 2009. 5.The learned counsel appearing for the association submitted that some infrastructure is not available. The Officers present, stated that such infrastructures should be made available within a period of three to four months. 6.The State shall take steps for obtaining planning permission, for which the learned counsel for the CMDA states that as and when the applications filed, such applications shall be proceeded as expeditiously as possible. 7.In course of hearing, we are convinced that at times the materials are stored on the road and https://hcservices.ecourts.gov.in/hcservices/ heavy vehicles are entering, which obviously cause obstruction to the free flow of traffic. 8.It would be the duty of the police officer to ensure that there is no hindrance to the free flow of traffic and if there is any irregular movements of heavy vehicles, such movements should be controlled. 9.One of the grievances of the petitioner is that the activities such as cutting and welding of the iron goods took place in the open, thereby causing health hazardous, the learned counsel for the association submitted that necessary steps would be taken by the association to prevent any such illegal welding or cutting and also storing of materials on road. 10.The learned counsel for the association also expressed apprehension regarding lack of security in safeguarding the iron and steel market. The Commissioner of Police, Chennai South and the Home Secretary, who are present assured that necessary security arrangements in the place will be strengthened in accordance with the requirements. 11.The traffic police would monitor the question of free flow of traffic and prevent any unnecessary congestion on account of movement of lorries in violation of the Rules and Regulations. 12.The matter shall be listed on 28.11.2008 for further orders and for filing status report. The officers need not be present on that day". 15.This Court had stated in categorical terms that the process of shifting of iron and steel market should be completed “at least” by 31.03.2009 and the matter was posted to 28.11.2008 for further orders and for filing status report. 16.Accordingly, the CMDA filed a status report dated 27.11.2008. This Court, thus monitored the whole issue and directed the CMDA to file status report periodically. 17.Since the petitioners complained that the order dated 18.07.2008 was not properly implemented, this Court passed an order dated 12.12.2008 directing the sixth respondent and the Member Secretary, CMDA, to be present on 17.12.2008. 18.The concerned respondents were present on 17.12.2008 and they produced certain records pleading that there were progress in https://hcservices.ecourts.gov.in/hcservices/ the matter. The same was recorded by this Court as follows: “Pursuant to the order dated 12.12.2008, Respondents 6 and 8 are present. They have produced certain records indicating initiation of certain proceedings..................” 19.In the meantime, the matter was listed on various dates and there was no significant progress. 20.Hence, this Court on 03.04.2009, considering the status report dated 02.04.2009 of the CMDA passed the following order: "1.This petition has been filed by respondents 9 to 11 for extension of time to comply with the order dated 18.07.2008 passed by this Court in W.P.No.41822 of 2006. 2.The 8th respondent – C.M.D.A. has filed a status report. We are very sorry to record that all the official respondents have been very tardy in implementing the earlier direction of this Court, which was passed on the basis of Government Order issued by such official respondents. 3.Since sincere efforts have not been made by the official respondents to implement the Government Order based upon which earlier orders have been passed by this Court even though more than a year has lapsed in the meantime, prima facie, it is apparent that the orders of this Court have not been complied with and therefore, it is a fit case where ultimately contempt proceedings should be initiated. However, we feel it appropriate to give last chance to the official respondents to furnish status report relating to further action. 4.This matter shall be listed on 20th April 2009. The petitioners in the writ petition may file their counter in the meantime. The question as to whether any contempt proceedings should be initiated or not shall be decided on 20th April, 2009. In the meantime, sufficient police protection should be given to both the writ petitioners". 21.This Court was pained to note that the order dated 18.07.2008 of this Court was observed more in breach as the process of shifting the wholesale trade in iron and steel to Sathangadu was to be completed at least before 31.03.2009 as per the said order and the same was not complied with. However, the matter was adjourned giving last chance to the official respondents to furnish https://hcservices.ecourts.gov.in/hcservices/ a status report relating to further action. 22.The activist approach of this Court brought the desired result as the learned Special Government Pleader, on 29.04.2009, stated that draft notification on the issue is pending before the Secretary concerned. Therefore, this Court directed on 29.04.2009 to the Secretary concerned, with whom notification is pending shall remain present on 30.04.2009 to explain as to what action had been taken. 23.Accordingly, the learned Additional Law Secretary is present today and he states that even though the draft notifications are ready, some time may be required to complete all the technicalities. It is stated that now the infrastructure facilities such as road, electrical work, administrative building, amenity building, auto workshop and lorry parking, telephone exchange, police station, petrol bunk, water supply, storm water drains, sewerage connection, public convenience, weigh bridge etc., were provided and only some time is required to complete the technicalities to issue the final notification. This is also the opinion expressed by Mr.P.S.Raman, learned Additional Advocate General, who is appearing for the CMDA. 24.A petition for extension of time for six months i.e. Upto 30.09.2009 for shifting the wholesale trade in Iron and Steel from George Town area has been filed on behalf of respondents 9 to 11. The petitioners, who are espousing the cause of the local residents, opposed any extension of time stating that under some pretext or the other, the matter is being delayed and it is now more than a decade has expired after the issuance of the G.O.Ms.No.62 setting deadline for shifting at 28.02.1999. Since a decade is over, the petitioners states that there is no reason to grant further extension of time as sought by the wholesale traders. It is also pointed out that the Additional Law Secretary who is present in the Court today pleads only for some time to complete the technicalities alone pointing out all the substantial works were completed for market area and therefore, no further time need be given. 25.Having regard to all these aspects, we dispose of the writ petition with the positive direction that all steps shall be taken to shift the iron and steel market on or before 15th June 2009. It is also made clear that any transgression of this direction, would obviously result in initiation of proceedings under the Contempt of Courts Act. This order is passed in the presence of the concerned officers, so that the authorities concerned must start taking appropriate action, without waiting for service of the formal order, which may be issued later. 26.The police protection extended to the petitioners shall continue till the end of June, 2009. https://hcservices.ecourts.gov.in/hcservices/ 27.With the above observations and directions, the writ petition is disposed of. Consequently, connected Miscellaneous Petitions are closed. No costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar kb/TK To 1. The Home Secretary Government of Tamil Nadu Secretariat, Chennai – 600 009. 2. The Secretary Government of Tamil Nadu Municipal Administration Secretariat, Chennai – 600 009. 3. The Secretary Transport Department Government of Tamil Nadu Chennai – 600 009. 4. The Commissioner of Police Greater Chennai Egmore, Chennai – 600 008. 5. The Commissioner of Corporation Chennai City Rippon Building Chennai – 600 003. 6. The Joint Commissioner of Police Traffic, Chennai City Vepery, Chennai – 600 007. 7. The Secretary Housing & Urban Developing Department Chennai. https://hcservices.ecourts.gov.in/hcservices/ 8. The Member Secretary Chennai Metropolitan Development Authority No.i, Gandhi Irwin Road Egmore, Chennai – 8. 2 CC To Mr.K. Ramasundaram, Advocate, SR NO.19397 1 CC To Mr.V. Bharathidasan, Advocate, SR NO.19694 1 CC to the Government Pleader, SR NO.28184 3 CC To Mr.Sathish Parasaran, Advocate, SR NO.19349 W.P.No.41822 of 2006 vs(co) pmk/12.5.2009. https://hcservices.ecourts.gov.in/hcservices/