IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17.11.2006 CORAM: THE HONOURABLE MR.JUSTICE S.J.MUKHOPADHAYA AND THE HONOURABLE MR.JUSTICE F.M.IBRAHIM KALIFULLA W.P.Nos.19916 of 1999, 11395 of 2000, 19045 of 2001, 2877 and 6087 to 6090 of 2002 and 19994 of 2003 and W.P.M.P.No.24983 of 2003 --- M/s.Arunkumar Spinning Mill Ltd., Represented by its Managing Director, Mr.A.Velusamy, No.570/2, Kariyampalayam P.O., Annur-641 653, Coimbatore. .. Petitioner in W.P.No.19916 of 1999 vs. The Superintendent, Regulated Market, Coimbatore Market Committee, Annur-641 653, Coimbatore District. .. Respondent in W.P.No.19916 of 1999 Writ Petition No.19916 of 1999 filed under Article 226 of the Constitution of India, praying for issuance of a writ of certiorari, calling for the records of the respondent in connection with the order passed by him in his Proc.Ku.No.180/99, dated15.11.1999 and quash the same. For petitioner in W.P.No.19916 of 1999 : Mr.G.Sethuraman For respondent in W.P.No.19916 of 1999: Mr.G.Sankaran WP 11395 of 2000 M/s. Elan Exports (India) Ltd Kollam rep by its Financial Manager Panruti .. Petitioner Vs 1. The State of Tamil Nadu rep by its Commissioner and Secretary to Government, Agriculture Department Fort Saint George, Chennai - 9. https://hcservices.ecourts.gov.in/hcservices/ 2. The Cuddalore Marketing commissioner rep by its Secretary Judge Bungalow Road, T.B. Road, Cuddalore - 7 3. The Superintendent (Special Grade) Regulates Market Panruti Taluk, Panruti ... Respondents Petition under Article 226 of the Constitution of India to issue a writ of certiorarified Mandamus to call for the entire records in connection with the Impugned Order of the 3rd Respondent in Na.Ka. No. 145/2000 dated 05.06.2000 and quash the same and consequently for bear the respondents from in any way interfering with the rights of the petitioner to carry on the trade by levying and demanding market fee on the Stock transfer and Exports of the produce with out considering the claim for exemption under Section 24(1) of the Tamil Nadu Agriculture Marketing (Regulations) Act 1987. For Petitioner : B. Rajendran For Respondent : Mr. P.S. Raman Additional Advocate General I for Assist Mr. M. Dhanalakshmi AGP for R1 Ms. T. Kokilavani For R2, R3 WP NO. 19045/2001 Sri Ratna Lakshmi Spinners Mills Pvt. Ltd Sammandampalayam Perundurai rep by its Director T.R. Mahesh .. Petitioner Vs 1. The State of Tamil Nadu rep by its Secretary to Government, Agriculture Department Fort Saint George, Chennai - 9 2. The Regulates Market Kunnathur Market Committee Kunnathur, Perunthurai Taluk, Erode District rep by its Superintendent ... Respondents Petitions under Article 226 of the Constitution of India to issue a writ of certiorari calling for the records relating to the notice NO. 466/2001 dated 28/08/2001 of the 2nd Respondent quash the same is so far as the petitioner is concerned. https://hcservices.ecourts.gov.in/hcservices/ For Petitioner: Mrs. R.S. Pandiyaraj For Respondent I: Mr. P.S. Raman Additional Advocate General I Assist by Mr. R. Dhndapandian, AGP For R1 II. Mr. S.T.S. Murthy WP 2877 of 2002 M/s. P. Balraj and Co., rep by its Partner P. Balraj, Panruti .. Petitioner Vs 1. The State of Tamil Nadu rep by its Secretary to Government Department of Agriculture Fort Saint George, Chennai - 8 2. The Superintendent Regulates Market Committee Panruti .. Respondents Petition under Article 226 of the Constitution of India to issue a writ of certioari calling for the records relating to the proceedings fo the 2nd respodnent Na.Ka.NO.430/2001 dated 6.9.2001 demanding market fee on Black Gram and Green Gram purchased from other states for the period from 1.4.2000 to 31.3.2001 and quash the same as without authority of law and violative of principles of nature. For Petition : Mr. K. Jayachandran For Respondent I : Mr.P.S. Raman, Additional Advocate General I Assistat by MR.M. Dhandapani AGP For Respondent II : Mr.S. Kamadevan W.P.No.6087/90 to 60690/02 Sri Santhalakshmi Mills Pvt Ltd., rep by its Managing Director, M. Appusamy ... Petitioner in W.P.6087/2002 Appachi Cotton company rep by its Managing Partner C. Balaji ... Petitioner in W.P.6088/2002 Yesh Cotton rep by its Managing Partner Y. Ashok ... Petitioner in W.P.6089/2002 https://hcservices.ecourts.gov.in/hcservices/ Urayar Cotton Company rep by its Managing Partner A. Lakshmanan ... Petitioner in W.P.6090/02 Vs The Superintendent, Comibatore Marketing committee, Pollachi. ... Responent in W.P.Nos. 6087 /02 to W.P.6090/02 Petitions under Article 226 of the Constitution of India to issue a writs of Certiorarified calling for the records relating to the order of the respondent in KU NO. 18/2001 dated 26.11.2001 demanding market fee for the purchase of cotton made from outside the state of Tamil Nadu and brought the same to the respondents notified area for the purpose of transport or sale to outside the state of Tamil Nadu and quash the same and consequently direct the respondent to issue permits to re petitioner so as to enable them to carry on the business. For Petitioner : Mr. Palani Selvaraj (All Writ Petitions) For Responsdents : Mr. S. Kamadevan (All Writ Petitions) WP NO. 19994/03 Veejay Lakshmi Textile Limited, NGO Colony PO rep by its Authorised signatory K. Ponnuswamy .. Petitioner Vs. 1. The State of Tamil Nadu rep by its Secretary to Government Department of Agriculture Fort Saint George, Chennai - 9 2. The Superintendent, Regulates Market, Coimbatore Market Committee, Sirumugai Road, Shastri Nagar, Karamadai - 641 104 ... Respondents Petition under Article 226 of the Constitution of India to issue a writ of Certiorari calling for the records of the 2nd Respondent in his letter No. F23/03-04 dated 03.06.2003 relating to levying of market bar for cotton and quash the same in so far as the petitioner is concerned https://hcservices.ecourts.gov.in/hcservices/ For Petitioner Mr.R.S. Pandiyaraj For Respondent NO. I: Mr. P.S. Raman Additional Advocate General No. I Assisted by Mr. M. Dhandapani, AGP for R1 For Respondent NO. II: Mr.R.N. Chandrasekaran ORDER (The Order of the Court was made by S.J.Mukhopadhaya,J.) The writ petitions have been preferred by the petitioners against the impugned orders, wherein the Market Committee levied market fee for the goods in question. 2. Learned Additional Advocate General appearing for the State referred to Section 60 of the Tamil Nadu Agricultural Produce Marketing (Regulation) Act, wherein provision for Revision has been made. It was pointed out that the Government may call for and examine the record of any market committee in respect of any proceeding to satisfy themselves as to the regularity of such proceedings or the correctness, legality or propriety of any decision and if in any case, it appears to the Government that any such decision should be modified, annulled, reversed or remitted for reconsideration, then, the Government may pass orders accordingly and under sub-section (2) to Section 60, the Government may stay the execution of any such decision pending the exercise of their powers under sub-section (1) of Section 60 of the Act in respect thereof. 3. Section 60 of the Tamil Nadu Agricultural Produce Marketing (Regulation) Act reads as follows: "Section 60: Revision: (1) The Government may call for and examine the record of any market committee or the Board or of the Director or the Collector in respect of any proceeding to satisfy themselves as to the regularity of such proceeding or the correctness, legality or propriety of any decision or order passed therein; and if, in any case, it appears to the Government that any such decision or order should be modified, reversed or remitted for reconsideration, then, the Government may pass orders accordingly: Provided that, before passing any order under this sub-section, the Government-- (a) shall if such order is likely to be prejudicial to any person, give such person a reasonable opportunity of making his representations; and https://hcservices.ecourts.gov.in/hcservices/ (b) may consult such authority or officer as they deem fit. (2) The Government may stay the execution of any such decision or order pending the exercise of their powers under sub-section (1) in respect thereof." 4. In view of the fact that there is alternative remedy available to the petitioners, without giving any finding on merit, we allow the petitioners to prefer Revision before the State within four weeks from the date of receipt of a copy of this order and if any Revision is preferred by the petitioners, the State Government/competent authority will decide the case on merits after notice and hearing the petitioners and others, preferably within four months from the date of filing of such Revision. It will also be open for the petitioners to ask for appropriate interim order, if they are so advised. 5. The writ petitions stand disposed of with the aforesaid observations and directions. No costs. W.P.M.P. is closed. cs Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar To 1. The Secretary to Government, Government of Tamil Nadu, Agriculture Department, Fort St. George, Chennai 9. 2. The Superintendent, Regulated Martet, Coimbatore Market Committee, Annur 641 653. Coimbatore District. 3. The Secretary, The Cuddalore Marketing Committee, Judge Bangalore Road, T.B.Road Cuddalore. 4. The Superintendent, [Special Grade], Regulate Market, Panruti Taluk, Panruti. https://hcservices.ecourts.gov.in/hcservices/ 5. The Superintendent, The Regulate Market Kunnathur Market Committee, Kunnathur, Panruti Taluk, Erode District. 6. The Superintendent, Regulated Market Committee, Panruti. 7. The Superintendent, Coimbatore Marketing Committee, Pollachi. 8. The Superintendent, Regulated Market, Coimbatore Market Committee, Sirumugai Road, Shastri Nagar, Karaikudi 641 104. + 1 CC To Mr.G.Sethuraman, Advocate SR NO.56383 + 1 CC To Mr.T.Kokilavani, Advocate SR NO. 55581 + 1 CC To Mr.S.T.S.Murthy, Advocate SR NO.56289 + 2 CCs to Mr.S.Kamadevan, Advocate SR NO 55955, 55956 + 1 CC To Mr. Palani Selvaraj, Advocate SR NO. 55729 + 6 CCs to the Government Pleader SR NO 56115, 56104, 56107, 56105, 56106, 56095 NTK(Co) NM, KK, K.M., GP W.P.Nos.19916 of 1999, 11395 of 2000, 19045 of 2001, 2877 and 6087 to 6090 of 2002 and 19994 of 2003 https://hcservices.ecourts.gov.in/hcservices/