Madras High Court
The Trichy Fruit Traders Welfare ... vs The Commissioner on 12 August, 2024
Author: B.Pugalendhi
Bench: B.Pugalendhi
WP(MD)Nos.4976 to 4980 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Reserved on : 20.12.2023
Pronounced on : 12.08.2024.
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
WP(MD)Nos.4976 to 4980 of 2017
WP(MD)No.4976 of 2017
The Trichy Fruit Traders Welfare Association,
represented by its Secretary,
P.Balasubramaniam,
29,Nelpettai Street,
Trichy – 620 008. ... Petitioner
VS
1.The Commissioner,
The Agricultural Marketing
and Agro Business,
CIPEI-II Main Road,
Guindy, Chennai – 600 032.
2.The Deputy Director,
Agricultural Marketing,
No.11, Arabic College Road,
Kaja Nagar, Trichy.
3.The Secretary,
Agricultural Marketing committee,
Tricy – 8.
4.The District Collector,
Trichy District,
Trichy.
1/12
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WP(MD)Nos.4976 to 4980 of 2017
5.The Commissioner,
Trichy Corporation,
Trichy.
6.The District Environmental Engineer,
No.25, Developed Plots,
Thuvakudi,
Trichy – 15. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of writ of mandamus forbearing the respondents from
in any manner compelling the members of the petitioner Association to
shift their wholesale trade premises from Gandhi Market to newly
constructed premises at K.Kallikudi Village, Srirangam Taluk, Trichy in
Trichy-Madurai National Highways.
For Petitioners : Mr.Ram Sundar Vijaya Raj
for M/s.Veera Associates
For Respondent : Mr.R.Basakaran,
Nos.1 to 5 Additional Advocate General
Assisted by Mr.J.K.Jeyaseelan
Government Advocate
For Respondent : Mr.Vijayakumari Natarajan
No.6
COMMON ORDER
The Trichy Fruits Traders Welfare Association, The Trichy Gandhi
Market Manthai Country Vegetable Sellers Association, The Trichy
Potato Onion Wholesale Merchants Association, English Vegetable
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WP(MD)Nos.4976 to 4980 of 2017
Commission Mundy Association and Trichy Tomato Wholesale Traders
Welfare Association, Gandhi Market, Tiruchirappalli have filed these writ
petitions respectively for a writ of mandamus forbearing the respondents
from compelling the members of the petitioners' Associations to shift
their whole sale trade shops from the existing Gandhi market to the
newly constructed Central Market at K.Kallikudi Village, Srirangam
Taluk, Trichy in Trichy - Madurai National Highways.
2.The case of the petitioners is that the Gandhi Market at Trichy
was established in the year 1927 in an extent of 25 acres, wherein,
vegetables, fruits and flowers are sold in whole sale and retail. There are
around 3000 vendors engaged in a day today business. The Gandhi
Market is in the middle of Trichy city and the available space is not
conducive. Therefore the Government has decided to shift the market to
the newly constructed Central Market premises located at K.Kallikudi
Village, Srirangam Taluk, Trichy. After completion of construction,
the petitioners have been asked to shift their shops to the Central Market
and the same was objected by the petitioners on the ground that the
facilities provided in the new market are not sufficient and the
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WP(MD)Nos.4976 to 4980 of 2017
construction was made without fulfilling adequate requirements of the
traders, without sufficient space for parking and no opportunity was
provided to the petitioners' Association regarding the requirements at the
market.
3.This Court has entertained these writ petitions and granted an
interim order of status quo pending disposal of these writ petitions by
order dated 23.03.2017. However subsequently the interim order was
vacated by order dated 09.06.2017. In fact I as Additional Advocate
General appeared on behalf of the respondents on 09.06.2017 in the
vacate stay application filed by the respondents. Neither the petitioner
nor the government has raised any objections. That apart, the Market
which was established at a cost of Rs.77 crores in the year 2017 is not
put to use for the past 7 years and in view of the pendency of the
writ petitions and in order to avoid further delay in disposing of these
writ petitions, this Court proceeded with the writ petitions and directed
the respondents to file a status report.
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WP(MD)Nos.4976 to 4980 of 2017
4.The case of the petitioners is that Gandhi Market is a wholesale
market of the vegetables, fruits and flowers in Tiruchirappalli city
including retail vending. This Market was established in the year 1869
and was renovated in the year 1927. The total extent of this market is
6.85 acres. There are 300 wholesale traders in the market. As per the
statement of the District Collector on everyday 1000 metric tons of
country vegetables, 1000 metric hilly vegetables, 300 metric tones of
fruits and 10 metric tones of flowers are being marketed in the Gandhi
Market. These commodities are brought from neighbouring districts and
states in 150 lorries, 150 vans and 50 mini vans and other modes. Since
this Gandhi market is located in the heart of the city and there is huge
traffic throughout the day, in order to avoid the congestion and for the
convenience of the people, the government has taken a policy decision
and also identified 9.79 acres of land in Madurai – Trichy Highways in
Kallikudi South Village in Srirangam Taluk, which is 12 kilometres away
from Tiruchirappalli Central Bus Stand and 15 kilometres away from the
Gandhi Market.
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WP(MD)Nos.4976 to 4980 of 2017
5.The government has sanctioned a sum of Rs.12,06,35,690/- vide
G.O.Ms.No.43 Agriculture (AM2) Department, dated 21.02.2014 for the
purchase of land and also sanctioned a sum of Rs.65 crores for
construction of Market vide G.O.Ms.No.70 Agriculture (WD-1)
Department, dated 10.06.2014. Around 120 members of the petitioners'
associations have filed writ petitions before this Court in
WP(MD)No.4842 of 2016 as against the decision of the Government in
shifting the market and this Court dismissed those writ petitions on
27.04.2016 with liberty to challenge the government orders.
6.The foundation stone for the building was laid by the then
Hon'ble Chief Minister on 30.06.2014. The building was also constructed
and handed over to the Tiruchirappalli Market Committee on 18.12.2017.
In the meantime, these writ petitions have been filed and this Court has
also granted interim order of status quo in WMP(MD)Nos.4010 to 4014
of 2017 on 23.03.2017. Subsequently on 09.06.2017 the interim order
was vacated and the miscellaneous petitions were dismissed. Thereafter
the building was handed over on 18.12.2017. Challenging the dismissal
order passed in WMP(MD)Nos.4010 to 4014 of 2017, writ appeals in
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WP(MD)Nos.4976 to 4980 of 2017
WA(MD)Nos.877 to 881 of 2017 were filed and this Court had by
judgment dated 29.06.2017 dismissed those appeals with liberty to the
petitioners therein to approach the District Collector. Accordingly it
appears the traders have approached the District Collector and had
negotiation, wherein the traders felt that the area of the shops in the new
market is not adequate and this request was also considered by the
Commissioner, Department of Agriculture and Marketing and
Agri Business and he by his letter No.Nabard/10556/2013-1, dated
10.01.2018 permitted alterations of the shops by removing central walls
of 340 shops and 170 shops were converted into 20' X 10' shops and 264
shops were converted into 15' X 10' shops size. Thereafter the traders
have submitted applications and 1704 applications were received by the
district administration. 300 eligible traders doing business in the Gandhi
market were selected among the 1704 applications and shops were
allotted to 288 traders. The rent was also fixed. Thereafter the shops
were officially opened by the Hon'ble Minister and the District Collector
of Tiruchirappalli on 30.06.2018. Even thereafter, the shops were not put
into use, the allottees continued to operate from the Gandhi market and
the District Administration has also failed to take steps to utilise the
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WP(MD)Nos.4976 to 4980 of 2017
market. The District Collector claims that the consultation meeting was
held on 26.02.2019 and they decided to call for fresh application from
the traders all over Tamil Nadu from without restricting to the traders
from the Gandhi Market alone. It appears that the Chief Secretary had
also visited the complex and instructed the officials to bring the market
into utilisation immediately since the market has been constructed at a
cost of several crores.
7.The petitioner claims that the facilities in the new market are not
sufficient. The department claims that the new market complex is
constructed in 10 acres with all facilities and infrastructure such as cold
storage, grading hall, parking facility, loading and unloading area, etc.,
and the allegations of these petitioners are not true.
8.The fact remains that the new market has been established
without any consultation with the vendors. The vendors who are
comfortable in the centre of city are not inclined to shift to the newly
established market, which is 15 kilometres away from the present
existing market. The Government has taken a policy decision to shift this
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WP(MD)Nos.4976 to 4980 of 2017
market considering the plight of the public, who are passing through this
Gandhi market and residing in and around the Gandhi market.
This market established in the year 1869 was not conducive and suitable
for the present population and the traffic. Considering the same, the
Government has spent Rs.77 crores for constructing this new market
complex and has not taken any serious steps to use the complex for the
past 7 years. The District Administration nor the department is having
any idea or inclination to put this complex into use. The Government and
the officials, who are taking any policy decision and utilising public
funds, are having the responsibilities to spend the money in a proper
manner. In this case it appears that without proper planning a huge sum
of Rs.77/- crores of public money has been wasted by the department for
the reasons best known to them and therefore, all the persons who are
responsible for this wastage of money has to be held responsible and
necessary action has to be taken as against all the officers who are
responsible for wastage of public money.
9.The government has to take earnest steps to utilise this property
either for the market or for any other purposes. Keeping the building idle
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without any usage for 7 years, would have damaged the building to
certain extent. Any further delay would further damage the building and
the entire money would go waste. If the traders in the Gandhi market are
not willing to shift to the new market, the government must have courage
to invite applications from those, who are interested to do business in this
market and entrust the shops to those who are willing to do business in
the new market complex. If the traders are not willing to come forward,
the Government has to find out the possibility of using this building for
any other purpose. Keeping the building, which was constructed at a cost
of Rs.77 crores without any usage is a national waste. Therefore,
necessary action has to be taken to bring the property into use, within a
period of two months from the date of receipt of a copy of this order and
action taken report shall be filed before this Court.
10.Accordingly these writ petitions are disposed off. Consequently
connected miscellaneous petition is closed.
List these matters on 12.11.2024 for reporting compliance.
12.08.2024
DSK
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WP(MD)Nos.4976 to 4980 of 2017
To
1.The Commissioner,
The Agricultural Marketing
and Agro Business,
CIPEI-II Main Road,
Guindy, Chennai – 600 032.
2.The Deputy Director,
Agricultural Marketing,
No.11, Arabic College Road,
Kaja Nagar, Trichy.
3.The Secretary,
Agricultural Marketing committee,
Tricy – 8.
4.The District Collector,
Trichy District,
Trichy.
5.The Commissioner,
Trichy Corporation,
Trichy.
6.The District Environmental Engineer,
No.25, Developed Plots,
Thuvakudi,
Trichy – 15.
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WP(MD)Nos.4976 to 4980 of 2017
B.PUGALENDHI, J.
dsk
WP(MD)Nos.4976 to 4980 of 2017
12.08.2024
https://www.mhc.tn.gov.in/judis
