COIMBATORE DISTRICT WHOLESALE ALL VEGETABLES MERCHANTS ASSOCIATION Vs. COIMBATORE CITY MUNICIPAL CORPORATION

JUDGEMENT

(1.) THE petitioner in W.P.No.17755/2011 is the appellant and the appellant Association filed the said writ petition praying for issuance of a Writ of Mandamus forbearing the respondents 1 and 3 from levying, imposing or collecting any fee or sum on the goods carried into the market in vehicles, or by animal -drawn carriages or persons, other than or in addition to the levy on the entry of such vehicles, animal -drawn carriages or persons. Similarly, Coimbatore District Wholesale All Vegetable Merchants Association has also filed W.P.No.17756 of 2011 praying for the very same relief and both the writ petitions, after contest was dismissed on 27.02.2012. The petitioner in W.P.No.17755/2011 alone has filed this writ appeal and the petitioner in W.P.No.17756/2011 did not file any appeal challenging the order dismissing the writ petition and therefore, the order insofar as they are concerned, becomes final.

(2.) ONE A.Abdul Hakeem has filed W.P.No.33355/2013 praying for issuance of a Writ of Certiorarified Mandamus calling for the records relating to Resolution No.226 dated 29.01.2010 as amended by Resolution No.242 dated 02.03.2010 and quash the same and forbear the respondents 1 and 3 from levying, imposing or collecting any fee or sum on the goods carried into the market in vehicles, or by animal -drawn carriages or persons, other than or in addition to the levy on the entry of such vehicles, animal -drawn carriages or persons.

(3.) THE appellant, in the affidavit, filed in support of W.P.No.17755/2011 stated among other things that in terms of Section 379(2) of the Coimbatore City Municipal Corporation Act, 1981 [hereinafter referred to as 'Act'], the Commissioner of the said Corporation may in any public market charge and levy and one or more of the following fees at such rates as the standing committee may determine as may appear to him proper or may farm out such fees on such terms and subject to such conditions as he may deem fit and the contract of collecting fees has been granted in favour of the third respondent and the third respondent apart from levying fee in respect of vehicles such as motor vehicles or animal drawn carriages which are bringing goods into the market, also illegally collecting additional charges on the goods carried in the said vehicle and it amounts to double levy.