✦ High Court of India · 17 Jun 2025

High Court · 2025

Case Details High Court of India · 17 Jun 2025

Court

High Court of India

Decided

17 Jun 2025

Bench

Not available

Length

1,418 words

Acts & Sections

Constitution of India Tamil Nadu Panchayats Act 1994

W.P.No.32095 of 2022IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 17.06.2025CORAMTHE HONOURABLE MR.JUSTICE M.SUNDAR andTHE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDARW.P.No.32095 of 2022andW.M.P.No.31523 of 2022Vegetable Vendors Market Association(Reg.No.SRG/KGI/45-2020)Rep. by its President A.NarayanaBathalapalli VillagePerandapalli - 635 109Hosur Taluk, Krishnagiri District.... Petitionervs.1.The District CollectorKrishnagiriKrishnagiri District.2.The CommissionerSoolagiri Panchayat UnionSoolagiriKrishnagiri District.3.The TahsildarHosur TalukKrishnagiri District.4.T.Raja ReddyS/o.Thimma ReddyPage Nos.1/16 https://www.mhc.tn.gov.in/judis W.P.No.32095 of 20225.The Superintendent of Police, Krishnagiri District.... Respondents* R5 suomotu impleaded vide order dated 17.06.2025in W.P.No.32095 of 2022Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus, calling for the records relating to the impugned orders made in Na.Ka.No.2654/2022/A2 dated 25.08.2022, 28.09.2022 and 21.10.2022 and also Na.Ka.No.340/2022/A2 dated 31.10.2022 issued by the 2nd respondent, quash the same and consequently, forbear the respondents 1 to 3 from interfering with the right of the members of the petitioner Association to run the private market in S.F.Nos.44/2B and 427/1A and to carry on loading and unloading of tomatoes in S.F.Nos.82, 174/1A and 175/3 to 175/6 of Moranapalli Revenue Village, Bathalapalli Village, Hosur Taluk, Krishnagiri District.For Petitioner :Mr.N.ManokaranFor Respondents:Mr.T.K.SaravananAdditional Government Pleader, for R1 & R3Mr.L.S.M.Hasan FizalAdditional Government Pleader, for R2Ms.R.Divya Preathikarepresenting Mr.R.Bharath Kumar, for R4Mr.R.MuniyapparajAdditional Public Prosecutorassisted by Mr.S.SanthoshGovernment Advocate (Crl. Side), for R5*****Page Nos.2/16 https://www.mhc.tn.gov.in/judis W.P.No.32095 of 2022O R D E R[Order of the Court was made by M.SUNDAR J.]Epicentre of the captioned main 'Writ Petition' {hereinafter 'WP' for the sake of brevity, convenience and clarity} is constituted by four notices issued by R2, the details of which are as follows:S.No.DateContentRemarks1.25.08.2022alleging construction without licence qua a Market and calling upon the writ petitioner to give explanation within three dayspurportedly under Sections 147, 148 and 153 of 'the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994)' {hereinafter 'said Act' for the sake of brevity, convenience and clarity} pertaining to the Tomato Market (S.Nos.82, 174/1A, 175/3, 4, 5 and 6, all in Moranapalli Village, Perandapalli Panchayat, Hosur Taluk. Krishanagiri District)2.28.09.2022final notice in pursuance of earlier noticepurportedly under Sections 147, 148 and 153 of said Act pertaining to the Tomato Market (S.Nos.82, 174/1A, 175/3, 4, 5 and 6, all in Moranapalli Village, Perandapalli Panchayat, Hosur Taluk. Krishanagiri District)Page Nos.3/16 https://www.mhc.tn.gov.in/judis W.P.No.32095 of 2022S.No.DateContentRemarks3.21.10.2022further notice pursuant to S.Nos.1 and 2 supra, calling upon complete cessation of constructionpurportedly under Sections 147, 148 and 153 of said Act pertaining to the Tomato Market (S.Nos.82, 174/1A, 175/3, 4, 5 and 6, all in Moranapalli Village, Perandapalli Panchayat, Hosur Taluk. Krishanagiri District)4.31.10.2022notice pointing out five difficulties as regards the Vegetable Marketpurportedly under Sections 147, 148, 153 and 159 of said Act pertaining to Vegetable Market (S.Nos.44/2B and 427/1A in Moranapalli Village, Perandapalli Panchayat, Hosur Taluk. Krishanagiri District)2. Aforementioned four notices shall be collectively referred to as 'impugned notices'. 'Serial Numbers 1, 2, 3 and 4' shall be referred to as 'I impugned notice', 'II impugned notice', 'III impugned notice' and 'IV impugned notice' respectively for the sake of convenience wherever it becomes necessary.3. Adverting to the aforementioned impugned notices, Mr.N.Manokaran, learned counsel on record for writ petitioner submits that Page Nos.4/16 https://www.mhc.tn.gov.in/judis W.P.No.32095 of 2022the Tomato Market as well as the Vegetable Market have been in operation for over two decades and it has been catering to the needs of local citizens / populace as well as providing a platform for local farmers to sell their produce. It is also submitted that a complaint dated 25.08.2022 from R4 is the trigger for impugned notices.4. In the hearing today, Mr.N.Manokaran, learned counsel on record for writ petitioner, Mr.T.K.Saravanan, learned Additional Government Pleader for R1 & R3, Mr.L.S.M.Hasan Fizal, learned Additional Government Pleader for R2 and Ms.R.Divya Preathika, learned counsel representing Mr.R.Bharath Kumar, counsel on record for R4 are before us and with the consent of all learned counsel, main WP is taken up.5. After detailed hearing, we find that there have been multiple listings and hearings earlier where predecessor Hon'ble Bench has made proceedings, two such proceedings are of significance, one dated 25.06.2024 and another dated 30.07.2024 which read as follows:Page Nos.5/16 https://www.mhc.tn.gov.in/judis W.P.No.32095 of 2022Proceedings dated 25.06.2024:-Page Nos.6/16 https://www.mhc.tn.gov.in/judis W.P.No.32095 of 2022Page Nos.7/16 https://www.mhc.tn.gov.in/judis W.P.No.32095 of 2022Proceedings dated 30.07.2024:-Page Nos.8/16 https://www.mhc.tn.gov.in/judis W.P.No.32095 of 2022Page Nos.9/16 https://www.mhc.tn.gov.in/judis W.P.No.32095 of 20226. To be noted, between the aforesaid two proceedings, a status report dated 29.07.2024 has been filed by R3 along with photographs and the same has been taken on file.7. Aforementioned proceedings made by Honble predecessor Division Bench shall now be read as an integral part and parcel of this order.8. Original licences granted to the writ petitioner qua Tomato Market as well as Vegetable Market do not contain an adumbration of conditions. In fact, it does not set out any condition. Therefore, with the consent of parties before us, the three conditions set out in the proceedings dated 25.06.2024 (extracted and reproduced supra) shall now become conditions of licences qua Tomato and Vegetable Markets.9. A careful perusal of status report of R3 brings to light that as regards the aforementioned three conditions, there is no violation and there is some concern only with regard to traffic congestion. Therefore, we suo-Page Nos.10/16 https://www.mhc.tn.gov.in/judis W.P.No.32095 of 2022motu implead the Superintendent of Police, Krishnagiri District as R5 and Mr.Muniyapparaj, learned Additional Public Prosecutor assisted by Mr.Santhosh, learned Government Advocate (Crl. Side) accepts notice for R5. It is for R5 to take suitable steps by issuing requisite instructions down the hierarchy to ensure that traffic is regulated in such a manner that the Market functions smoothly on one hand and the public are not greatly inconvenienced on the other hand.10. Though certain submissions were made with regard to R4 having an axe to grind qua complaint dated 25.08.2022 and the same being disputed by R4, we refrain from delving into these disputations or contestations as we are giving a closure to the main matter.11. This Court finds it appropriate to write that it is noticed that the Village Panchayat or the Panchayat Union Council (as the case may be) has powers to suspend or cancel any licence for breach of conditions thereof. This is vide Section 148(2)(c) of said Act. It is also seen that both the Village Panchayat and the Panchayat Union Council are the term of art Page Nos.11/16 https://www.mhc.tn.gov.in/judis W.P.No.32095 of 2022having been defined vide sub-sections (23) and (37) of Section 2 of said Act which read as follows:'2. Definitions - In this Act, unless the context otherwise requires, -(1) ........................(1-A) ........................(2) ........................(3) ........................(4) ........................(5) ........................(6) ........................(7) ........................(8) ........................(9) ........................(10) ........................(11) ........................(12) ........................(13) ........................(14) ........................(15) ........................(16) ........................(17) ........................(18) ........................(19) ........................(20) ........................(21) ........................(22) ........................(23) "Panchayat Union" means any local area which is declared to be a Panchayat Union under this Act;(24)(25)(26)(27)(28)(29)(30)Page Nos.12/16 https://www.mhc.tn.gov.in/judis W.P.No.32095 of 2022(31)(32)(33)(34)(35)(36)(37) "Village Panchayat" means a Panchayat constituted as a Village Panchayat under sub-section (1) of Section 6;'12. In the case on hand, we are informed that we are concerned with the Village Panchayat and therefore, we deem it appropriate to extract and reproduce Section 6(1) of said Act and the same reads as follows:'6. Constitution of Village Panchayats and their incorporation -(1) A Village Panchayat shall be constituted for each Panchayat Village consisting of such number of elected members, with effect from such date as may be specified in the notification issued in that behalf by the Inspector.'13. If there is any breach of aforementioned conditions, it will be open to the Village Panchayat to proceed in accordance with law. We also record the stated position of all the parties that the licences now in vogue i.e., licences in favour of writ petitioner qua Tomato Market and Vegetable Market will be in vogue and will be alive till 31.03.2026. This order will neither impede nor serve as an impetus qua renewal of licences which will Page Nos.13/16 https://www.mhc.tn.gov.in/judis W.P.No.32095 of 2022be done in accordance with law. To put it differently, renewal of licences will be untrammelled by this order.14. Ergo, as a sequitur to the narrative, discussion and dispositive reasoning thus far, we write that four impugned notices will stand effaced albeit with liberty to the Village Panchayat to act in accordance with law if there is any violation of conditions of licences about which there is allusion supra. The Writ Petition is disposed of in the aforesaid manner. Consequently, captioned Writ Miscellaneous Petition is disposed of as closed. There shall be no order as to costs.(M.S.J.,)(H.C.J.,) 17.06.2025Index : Yes Neutral Citation : Yes SpeakingmkPage Nos.14/16 https://www.mhc.tn.gov.in/judis W.P.No.32095 of 2022To1.The District CollectorKrishnagiriKrishnagiri District.2.The CommissionerSoolagiri Panchayat UnionSoolagiriKrishnagiri District.3.The TahsildarHosur TalukKrishnagiri DistrictPage Nos.15/16 https://www.mhc.tn.gov.in/judis W.P.No.32095 of 2022M.SUNDAR, J.,andHEMANT CHANDANGOUDAR, J.,mkW.P.No.32095 of 202217.06.2025Page Nos.16/16

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