P.A. JOSPEH Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Heard Ms. G.V. Seetha Lekshmi, learned counsel for the petitioner; Mr. S. Kamalesh Kannan, learned Government Advocate for the first respondent; Mr. S. Thiruvengadam, learned counsel for respondents 2 and 3 and Mr. M. Velmurugan, learned counsel for the fourth respondent.

(2.) This petition relates to Koyambedu Wholesale Market. The prayer of the petitioner is to direct the respondents not to allot or convert any place marked as pavements, pathways, parking area, ramp into shops of temporary or permanent nature contrary to the original master plan of Koyambedu Whole Sale Market Complex, Koyambedu, Chennai-600 092 and in violation of the Act and Rules thereunder and consequently forbear the respondents from in any way granting temporary, festival, daily basis licenses other than the whole sale license.

(3.) In the affidavit tendered by the learned counsel for the Chennai Metropolitan Development Authority, it is denied that the pavements/pathways have been converted into shops in violation of the original master plan. It is further stated that Dr. Ambedkar Small Shops Traders Association filed a writ petition No. 10803 of 2016 with a prayer for allotment of 97 platform shops to the allottees selected in the lot conducted on 20.11.1999 and this Court by an order dated 13.4.2016 directed the Chennai Metropolitan Development Authority to handover the platform shops within a period of four weeks and as per the direction of this Court and authority resolution, 97 shops were handed over to the allottees. Lastly, it is stated in the affidavit that the Koyambedu Wholesale Market is being maintained by the Market Management Committee.