CHENNAI FRUIT COMMISSION AGENTS ASSOCIATION Vs. MEMBER SECRETARY CHENNAI METROPOLITAN DEVELOPMENT AUTHORITY THALAMUTHU NATARAJAN BUILDING

JUDGEMENT

(1.) HEARD the learned counsel appearing for the petitioner and the learned counsels appearing for the respondents.

(2.) IT has been stated that the petitioner Association has been incorporated under the Indian Companies Act, 1913, and it consists of members who are wholesale fruit merchants having shops in Koyambedu wholesale fruit market. The Koyambedu wholesale market had been constructed by collecting funds from the proposed allottees of the shops in the market. The said scheme had been promoted with a view to shift the wholesale market which was earlier situated in the George Town, Kothavalchavadi Area. The Koyambedu wholesale market has been constructed involving several crores of rupees. The members of the petitioner Association were given allotment of shops in the wholesale fruit market at Koyambedu on payment of huge costs fixed by the respondent.

(3.) AS a statutory authority, the first respondent has the responsibility, not only towards the regular wholesale traders, but also to the Semi-Wholesale traders of vegetables, fruits and flowers. Further, any allotment or any activity in the area, earmarked as Platform shops, will not interfere with the business of wholesale traders and it would not in any way infringe on the rights of the members of the petitioner ASsociation. Since the members of the petitioner ASsociation were allotted specific areas consisting of loading and unloading bay, storage place and courtyard for their use, they cannot make any claim with regard to the common platform areas belonging to Chennai Metropolitan Development Authority and it has to be allotted to the semi-wholesale dealers and the cost of the Platform Shops had been considered as a factor while finalising the price of the shops in the other areas. The members of the petitioner ASsociation are trying to create monopoly in the fruit market and are attempting to drive away the Semi-Wholesale dealers from the market, who have equal rights and responsibilities for the development of the market area. The business of wholesale traders will not affect in any way by the allottees of the platform shops. However, the Koyambedu Wholesale Market Complex has been built with huge amount of funds with the financial support of HUDCO, under the Self-Finance scheme. While so, the members of the petitioner ASsociation do not have exclusive right over the areas in the market complex which have not been allotted to them or earmarked for their specific use.