G. SUNDARARAJAN SECRETARY, MARGIN HAWKERS ASSOCIATION Vs. THE PANCHAYAT BOARD REPRESENTED BY ITS EXECUTIVE OFFICER AND ANR.

JUDGEMENT

(1.) THE petitioner, G. Sundararajan, is the Secretary of the Thirukalukundram Road Margin Hawkers' Association. He has also described himself as a trader who through his agents and hired servants hawks vegetables and other articles on the road margins in Thirukalukundram. He has filed this writ petition under Article 226 of the Constitution for the issue of a writ of certiorari quashing Resolution No. 189 passed by the first respondent, the Panchayat Board, Thirukalukundram, represented by its Executive Officer. The Resolution was confirmed by Revenue Divisional Officer, Chingleput when the petitioner appealed to him against the Resolution under the provisions of the Madras Panchayats Act (Madras Act XXXV of 1958). The impugned Resolution provides for the issue of an auction notice for collection of licence fee in the Thirukalukundram Town Panchayat weekly market, daily market stalls and from shops using the road margins. Then follows a list of areas where the auctionee would be permitted to collect the levy. It also says that the auctionee may permit shops to be kept up to a margin of six feet on either side. Then there is mention of the rate of levy from 1st April, 1966 per day as follows:

(2.) DOUBLE bullock carts goods for sale ... Re. 0 -50 per cart.

(3.) SHOP to be kept on road margins .. Re. 0 -06 per shop.