N BALASUBRAMANIAM Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) DEVIAKURICHI Panchayat forms part of the Thalaivasal Panchayat Union. There was a Private Daily Vegetable Market in Deviakurichi Panchayat, located in Survey No. 47/3, which was run under a licence granted by the Panchayat in accordance with the provisions of the Tamil Nadu Panchayats Act. The original licence was in favour of three persons and was granted on 17. 2. 1999 and the licence was renewed from time to time till 31. 3. 2005. The said Private Market was discontinued thereafter.

(2.) AFTER the aforesaid Private Market was discontinued, a Society registered under the Tamil Nadu Societies Registration Act, 1975 known as "tamizhaga Vivasayeegal Sangam", filed an application to run a Private Daily Vegetable Market in Survey Nos. 37/8b, 39/9, 39/10 and 39/11 in Deviakurichi Panchayat. By a resolution dated 25. 2. 2005, the Deviakurichi Panchayat granted licence to the said Association for the period from 1. 4. 2005 to 31. 3. 2006. However, the said licence was cancelled by the District Collector, Salem (Inspector of Panchayats) by his proceedings dated 11. 5. 2005 and 17. 5. 2005.

(3.) CHALLENGING the cancellation of licence by the District Collector, the said Association viz. , Tamizhaga Vivasayeegal Sangam filed a writ petition in W. P. No. 17055 of 2005. The said writ petition was allowed by an order dated 26. 9. 2005 on the short ground that the District Collector failed to afford an opportunity to the licencee before cancelling the licence. Consequently, the cancellation order was set aside by this Court and the matter remitted back to the District Collector for taking action in accordance with law.