The Court disposed of a writ petition seeking to quash a market Notice based on an earlier Division Bench judgment holding that the petitioner must first exhaust the alternative remedy of revision under Section 60 of the Tamil Nadu Agricultural Produce Marketing (Regulation) Act.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.11.2018
CORAM
THE HON'BLE Mr. JUSTICE S.M.SUBRAMANIAM
W.P.No.38542 of 2003
and
W.M.P.Nos.46771 of 2003 and 51 of 2009
Veejay Lakshmi Enginnering Works Limited, N.G.G.O.Colony P.O., Sengalipalayam,
Coimbatore – 641 022, Rep by its Authorised Signatory K.Ponnuswamy. ...Petitioner
Vs
PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of Certiorari, calling for the records relating to the Notice No.476/2003 dated 17.12.2003 of the 2nd Respondent, quash the same.
For Petitioner :Mr.R.S.Pandiyaraj For Respondents:Mr.G.B.Rajesh,
Government Advocate.
The relief sought for in the present writ petition is to call for the records relating to the Notice No.476/2003 dated 17.12.2003 of the 2nd Respondent and quash the same.
“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 (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."
2 issues framed by the court
Whether to issue a writ of Certiorari to quash Notice No.476/2003 issued by the Superintendant, Regulated Market.
Whether the petitioner has exhausted the alternative remedy available under Section 60 of the Act.
Colour shows how this judgement treated each authority
W.P.Nos.19916 of 1999 etc., batchReferred¶2
2 provisions across 2 enactments
Veejay Lakshmi Enginnering Works Limited
The State of Tamil Nadu
The Superintendent, Regulated market, Coimbatore Market Committee
S.M.Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
