In the High Court of Judicature at Madras Dated :- 8.1.2008 Coram : The Honourable Mr.Justice K.RAVIRAJA PANDIAN and The Honourable Mrs.Justice CHITRA VENKATARAMAN W.P.No.21484 of 2007 and W.A.Nos.1291 and 1292 of 2007 M.P.No.2 of 2007 in W.P.No. 21484 of 2007 and M.P.No.1 of 2007 in W.A.No.1291 of 2007 and M.P.Nos.1 and 2 of 2007 in W.A.No.1292 of 2007 W.P.No.21484 of 2007 Vriddhachalam Town Vegetable Daily Market Merchants Welfare Association (Regn.No.36 of 93) Rep by its President, V.Pakkirisamy 65-C, Kattugudalur Road Vriddhachalam Town & Taluk, Cuddalore District. .. Petitioner Vs. 1. State of Tamil Nadu rep. By The Secretary to Government Municipal Administration & Water Supply Department Fort St. George, Chennai 9. 2. The Municipal Commissioner Vriddachalam Municipality Vriddhachalam 3. The Chairman Vriddhachalam Municipal Council Vriddhachalam Town& Taluk .. Respondents W.A.Nos.1291 and 1292 of 2007 1. The Municipal Commissioner Vriddachalam Municipality Vriddhachalam Town & Taluk Cuddalore District. ... Appellant Vs. https://hcservices.ecourts.gov.in/hcservices/ 1. Vriddhachalam Town Vegetable Daily Market Merchants Welfare Association (Regn.No.36 of 93) Rep by its President, V.Pakkirisamy 65-C, Kattugudalur Road Vriddhachalam Town & Taluk, Cuddalore District. 2. The State of Tamil Nadu rep. By The Secretary to Government Municipal Administration & Water Supply Department Fort St. George, Chennai 9. 3. The Chairman Vriddhachalam Municipal Council Vriddhachalam Town& Taluk Cuddalore District. ... Respondents Prayer: Writ Appeals filed under Clause 15 of the Letters Patent against the order of the learned single Judge dated 24.7.2007 made in M.P.Nos. 2 and 3 in W.P.No.21484 of 2007. Writ Petition filed under Article 226 of The Constitution of India for the relief of issuance of a writ of certiorari to call for the records of the first respondent in G.O.Ms. 78 Municipal Administration and Water Supply Department of the Government of Tamil Nadu dated 7.6.2007 and quash the said G.O. dated 7.6.2007. For Petitioner : Mr.K.Kannan (for R1 in W.As) in W.P. For Respondents : Mr.R.Thirugnanam, in W.P. Spl.Govt. Pleader (for R1 in W.P.and R2 in W.A) Mr.AR.L.Sundaresan, Senior Counsel for Mrs.AL.Ganthimathi and L.Palanimuthu (For R2 in W.P.and for appellant in writ appeals) JUDGMENT (Judgment of the Court was delivered by K.RAVIRAJA PANDIAN, J.) The Vriddhachalam Town Vegetable Daily Market Merchants Welfare Association, represented by one V.Pakkirisamy has filed the present writ petition in W.P.No. 21484 of 2007 seeking for the relief of issuance of writ of certiorari to call for the records of the first respondent the State of Tamil Nadu represented by the Secretary to Government, Municipal Administration & Water Supply Department in G.O.Ms. 78 dated 7.6.2007 and quash the said G.O. dated 7.6.2007. https://hcservices.ecourts.gov.in/hcservices/ 2. The said writ petition came to be filed on the ground that the members of the Petitioner association were having their shops in the market conducted by the second respondent Municipality in the land owned by Arulmigu Vridhagiriswarar Temple. The land was leased out by the temple to the Municipality upto the year 1999 . After the expiry of the lease period in the year 1999, the Municipality handed over possession of the market to the Vridhagiriswarar Temple and a public market has been constructed at Kattukoodalur Road by the Municipality. The shopkeepers, who were doing vegetable vending in the earlier market were continuing their business in the land owned by the Vridhagiriswarar Temple. Now, the Municipality has constructed a new market. The Municipality directed the shopkeepers to shift their shops to the new market. However, the members of the petitioner Association were not inclined to shift their shops to the new market and that caused the petitioner Association to file writ petition in W.P.No.16351 of 1997 for issuance of mandamus not to dispossess them from the market located in the land, which belongs to the temple. The writ petition was disposed of on the ground that the Municipality is not closing the market where the shopkeepers are doing vegetable vending but only they are shifting the market of the Municipality from the land of the Vridhagiriswarar temple to the newly constructed market. That cannot legally be interfered with. That order has been confirmed by the Division Bench of this Court in the writ appeal in W.A.No.1560 of 1999 dt. 24.8.1999 which was filed at the instance of the writ petitioner herein. In the meanwhile, the members of the petitioner Association also filed civil suit in O.S.No.469 of 1999 on the file of the District Munsif Court, Vridhachalam for permanent injunction restraining the Municipality from evicting the members of the petitioner association from the shops located in the market, which is functioning in the land belonging to the Vridhagiriswarar Temple without obtaining any permission from the Government. That suit was decreed on 30.6.2004. The appeal filed by the Municipality against the said decree was also dismissed. In the aforesaid circumstances, the Government has passed the G.O.Ms.No.78 dated 7.6.2007 giving permission to the Municipality to close the public market, which is being run by the members of the petitioner Association at the land belonging to the Vridhagiriswarar Temple. This Govt. Order was put in issue in the writ petition on the ground that the market referred to in the Government Order is not a public market, but a private market and hence the Government Order is not in accordance with the statutory provisions. In the writ petition interim order came to be passed on 24.7.2007 to the effect that the respondents 2 and 3 in the writ petition were permitted to open the new market complex constructed at Kattukoodalur Road and also to lease out the shops either by way of conducting public auction or otherwise, but not to disturb the petitioner's members in carrying of their business in the existing old market. The correctness of the said order is now canvassed by filing the writ appeals. https://hcservices.ecourts.gov.in/hcservices/ 3. We heard Mr.AR.L.Sundaresan learned counsel appearing for the Municipality and also Mr.Kannan appearing for the writ petitioner/the first respondent in the writ appeals. 4. The point in issue in the writ petition is that the Government Order referring the old market as a public market is not correct and it is a private market run by the members of the writ petitioner association and the Government Order referring the old Market as a public market is not correct , which aspect of the matter is now disputed by the learned counsel appearing for the writ petitioner Association. It is manifestly clear from the facts as stated above that the property in which the old market was conducted has been handed over by the Municipality to the owner of the property viz., Vridhagiriswarar Temple in the year 1999 and the members of the petitioner association have been running their shops by vending vegetables in the old market. When the factual position as admitted by the learned Senior Counsel for the Municipality is like that, we are of the view that the Government Order in G.O.Ms.No.78 dated 7.6.2007 referring the old market, in which the members of the petitioner association are running their shops is a public market cannot be legally correct and on that simple fact alone the Government Order has to be set aside and accordingly, the same is set aside. However the learned Senior Counsel for the Municipality submits that the members of the Petitioner association are running the private market without any licence and the Municipality may be allowed to proceed against the petitioner association in accordance with the statutory provisions. The request of the learned Senior Counsel for the Municipality is nothing but seeking permission from this Court to do the statutory function in accordance with law. It is always open to the respondent Municipality to enforce its right under the the statutory provisions, which requires no permission from this Court. 5. With these observations, the writ petition is allowed. Consequently, the connected M.P.is closed. In view of the order passed in the writ petition by setting aside the Government order, the writ appals are closed. Consequently, the connected M.Ps are closed. No costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar krr/ https://hcservices.ecourts.gov.in/hcservices/ To 1. The Secretary to Government Municipal Administration & Water Supply Department Fort St. George, Chennai 9. 2. The Municipal Commissioner Vriddachalam Municipality Vriddhachalam 3. The Chairman Vriddhachalam Municipal Council Vriddhachalam Town& Taluk 2 cc To Mr.AL.Gandhimathi, Advocate, SR.1732. 1 cc To Mr.K.Kannan, Advocate, SR.1534. 1 cc To The Government Pleader, SR.1537. W.P.No.21484 of 2007 and W.A.Nos.1291 and 1292 of 2007 BV(CO) RVL 04.02.2008 https://hcservices.ecourts.gov.in/hcservices/