V MURALI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioners are either Association or individuals dealing with commodities like paddy, red gram, black gram, etc. The common grievance agitated in these writ petitions is that, the respondents have not declared through a notification, the notified market area under Section 6(2) of the Tamil Nadu Agricultural Produce Marketing (Regulation) Act, 1987 (Tamil Nadu Act 27 of 1989) (hereinafter referred to as "the New Act") therefore, they cannot demand and collect market fee in respect of purchase and sales of paddy, grains and other agricultural produce by the Traders done outside the notified market.

(2.) The case of the petitioners is that, after bifurcation / trifurcation of Madurai, Salem, Trichy, South Arcot and Thanjavur Districts, under the New Act, fresh notification is required to collect market fee for the commodities traded outside the four walls of notified market. Only after declaration of area around the market as notified market area, market fee can be collected by the Market Committee from the Traders carrying on trade outside the market. As far as the case of the petitioners in W.P.Nos.11779 & 11788 of 2019 are concerned, the respondents have only notified the area commodities and market. Therefore, the respondents are entitled to collect market fee only from the Traders of those commodities within the four walls of the market and not from the Traders who have their establishments outside the market till the declaration of notified market area under Section 6(2) of the New Act.

(3.) The learned Senior Counsel appearing for the petitioners in W.P.Nos.19595, 19596 and 30448 of 2018 and 3484, 11779, 11788 of 2019, to buttress his submission would rely upon the judgment in Madurai Maanagar Paruppu Thayarippalargal and Virpanaiyalargal Sangam v. The State of Tamil Nadu rep. By its Secretary to Government (W.P.(MD) No.10609 of 2006 dated 23.12.2014) wherein, the Madurai Bench of this Court has considered the consequence of non declaration of notified market area after bifurcation of the area.