MADURAI MAANAGAR PARUPPU THAYARIPPALARGAL AND VIRPANAIYALARGAL SANGAM Vs. THE STATE OF TAMIL NADU AND ORS.

JUDGEMENT

(1.) THE relief sought for herein is for bearing the Respondents from implementing the Order passed in G.O.Ms. No. 11, Agriculture (AM.II) Department, dated 8.1.1998 in respect of Red Gram in all forms and Black Gram in all forms in the area outside the Madurai market. The members of the Petitioner -Sangam are traders dealing with pulses like Red Gram, Black Gram, Green Gram and Peas. They purchase them from the traders in the other State and Districts of Tamil Nadu and process it in and around Madurai and sell it to various traders in and around Madurai. The red gram in all forms and black gram in all forms, among other Agricultural Produces, are under G.O.Ms. No. 1435, Agriculture (AM -II), dated 13.8.1985, notified as Agricultural Produces under the control of Madurai Market Committee established under Section 5 of the Tamil Nadu Agricultural Produce Markets Act, 1959 (Tamil Nadu Act 23 of 1959). The Market Committee is established to issue license under Section 8 to the traders for buying and selling any Notified Agricultural Produces within the Notified Area. The Market Committee is the Competent Authority to levy fee on any Notified Agricultural Produce bought or sold in the Notified Market Area. The members of the Petitioner -Sangam for trading the pulses were all issued license under old Act of Tamil Nadu Act 23 of 1959. According to the Petitioner -Sangam, there was no levying of any Market Fee under Section 24 of the old Act, as there was no establishment of markets for purchase and sale of the Notified Market Produces and no Notification of Notified Market Area in respect of red gram and black gram under Section 5 of the old Act.

(2.) THE dispute, leading to the filing of the Writ Petition, started only after the old Act was repealed by the New Act viz., Tamil Nadu Agricultural Produces Marketing (Regulation) Act, 1987 with effect from 1.2.1991. The same is followed by Preliminary Notification in G.O.Ms. No. 458, Agricultural Department, dated 30.10.1996 and final Notification in G.O.Ms. No. 11, dated 8.1.1998, declaring to regulate the market of Agricultural Produces mentioned against each Schedule under the Notified Area of the 20 markets under the control of Madurai Market Committee. There are three schedules consisting of the name of the markets and name of the Agricultural Produces under the Madurai Market Committee. The description of red gram and black gram, as notified under the old Act, were changed into red gram in all forms and black gram in all forms. In pursuance of the same, the Market Committee issued licence to traders dealing with the above referred Notified Agricultural Produces and based on the details of transactions, demanded market fee for the above two Notified Agricultural Produces.

(3.) THE present relief is sought for on the following grounds: