MALAYAPERUMAL STREET GREEN VEGETABLE MERCHANTS ASSOCIATION REG NO 3233 76 Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) IN W.P. No. 2601 of 1996, petitioner seeks issuance of a writ of certiorarified mandamus, or any other appropriate writ, order or direction in the nature of a writ, calling for the records from the file of 3rd respondent made in Ref. No. K2/14747/95 dated 12.1.1996, quash the same and further direct the respondents to allot the available vacant shops - Types A-1 to A-5 in Koyambedu Wholesale Market Complex to the members of petitioner-Association numbering 31, and pass such further or other orders as this Court may deem fit and proper in the circumstances of the case.

(2.) PETITIONER is a registered Association and the affidavit is sworn to by its Secretary. It is said that the Association was formed by the wholesale merchants at Kothwal Market area, George Town, and the members of the Association and their predecessors had been doing business for the last more than 200 years. Due to traffic congestion, and also pollution, health hazard, etc., the Government envisaged a scheme to shift the Kothwal Market to Koyambedu area by constructing a big wholesale complex known as Koyambedu Wholesale Market Complex for perishable goods wherein separate shops have been constructed in various sizes, as Type A-1 to A-5, for vegetables, fruits, flowers, etc. The rate was fixed at Rs. 375/- per sq. ft. initially. The shifting of the market from George Town area to Koyambedu was also with a view to contain lorry traffic. When there were disputes with regard to rates fixed for various types of shops, certain Associations went before the Honourable Supreme Court, and, in SLP (Civil) No. 7753 of 1986 filed by the Madras Perishable Goods Merchants" Association, the Honourable Supreme Court gave certain directions. It is the case of the petitioner that in view of that Order, special weightage has to be given not only in price but also in instalments for the George Town Traders in Kothwal Market area than others. The members of the petitioner-Association who were carrying on business in George Town area, were also interested in getting allotment in Koyambedu Market. But many disputes arose with reference to allotment of shops, price fixed, instalments to be paid, handing over the allotted shops, etc., and there were also civil suits filed by various Associations. Initially, an interim Order was granted. But subsequently it was vacated. On 11.1.1998, allotment was made to such of those persons who had applied for allotment of shops in Koyambedu Wholesale Market Complex. So far as the petitioner-Association is concerned, there were 80 members out of which 60 had applied, and the remaining 20 members did not apply as they had not obtained the necessary application form. Out of the 60, for those who have applied, allotments were made on 11.1.1988 and 38 persons had paid the instalments and 22 persons, though they got the application and registered themselves for the purpose of allotment, they did not pay the instalment in time. After the interim injunction order was vacated in the various litigations, second respondent who had earlier cancelled the allotments to various applicants, revoked the cancellation and directed payment of Rs. 1,000/- as revocation charges and further directed that the allottees can pay the balance instalments or the entire amount itself. All the 22 applicants also wanted to pay the revocation charges. Second respondent refused to accept the same on the ground that no shops are available. The 22 members who had not applied at all, were thinking that they can continue their wholesale trade in Kotwal Market area itself as some of them were having their own buildings in the Kotwal Market area. On 9.3.1994, there was a draw for allotment of shops, and, it is the case of the petitioner that various shops are even now vacant, and the details are given in paragraph 7. PETITIONER-Association met on 5.8.1994 and requested the respondents to allot various available shops to petitioner-Association as they are ready and willing to pay the amount for those shops and they also expressed their willingness to shift their wholesale trade from Kotwal Market area to Koyambedu Wholesale Market Complex. A reply was sent on 7.9.1994, informing the Association that the petitioner's request is under consideration and that they will be informed about further action as regards the allotment of shops. Further representations were also made by the petitioner-Association which were also replied by the respondents on 20.4.1995. On 12.1.1996, petitioner-Association was informed that they must instruct their members to apply for allotment of shops as and when advertisements are released in Dailies in future. It is that letter that is impeached in this Writ Petition. It is said that in the meanwhile, there was a meeting with the Madras Perishable Goods Merchants' Association Action Committee to which the petitioner-Association is affiliated, on 12.10.1995, in which the Vice-Chairman and Member-Secretary of 2nd respondent and others participated, and the petitioner-Association and the Action Committee wanted a decision to be takeen regarding allotment of shops. At that time it was clarified by respondents that only few shops are vacant due to cancellation and they are kept under reserve to meet any statutory demand during implementation of the proposed legislation. It was stated by respondents in the meeting that these vacant shops will be considered for allotment only after bringing in of the Legislation and shifting of the wholesale traders to the new Koyambedu Wholesale Market Complex. On 28.2.1996, the new Act was passed. It is also made clear by 2nd respondent that after co-ordination of the Koyambedu Wholesale Market Complex, wholesale trade in Kotwal Market area cannot be carried on as lorries will not be permitted to enter the George Town area. It is said that the Koyambedu Market Complex was constructed only for the purpose of rehabilitating the Kotwal Wholesale dealers and, therefore, the respondents cannot deny the members of petitioner-Association, shops in the new complex.

(3.) IN all these Writ Petitions, it is contended by the respective petitioner that they are doing business for the last nearly two centuries, and under the Act, the authorities are bound to provide alternate accommodation at Koyambedu Market Complex. It is said that they applied for allotment. But they could not pay the instalments. Due to default IN payment of instalment, the allotment was cancelled. Even though there was notification that the cancellation will be revoked on payment of Rs. 1,000/- as revocation charges along with instalments, there was no compulsion at that time that the payment has to be made one day or the other, and they have to move from the George Town area. There was also no stipulation that if they do not shift from Kotwal area, they cannot continue to do the business there. The question of applying for an alternative accommodation to carry on the wholesale trade in the new notified area will arise only when the Act is gazetted. It is said that when the new complex has been constructed, their intention was to shift the George Town Traders to rehabilitate in the new area, and there is a statutory obligation on the part of the respondents to provide them with alternate accommodation. The Act has now been gazetted and thereafter the petitioner has been prevented from doing business in the Kotwal area. Writ Petitions have been filed to prevent the respondents from causing any obstruction to their business in George Town Area till allotment is made in the Koyambedu Market Complex.