Arunkumar Spinning Mill Ltd. vs The Superintendent, Regulated Market, Coimbatore Market Committee

S.J. Mukhopadhaya, J.—The writ petitions have been preferred by the petitioners against the impugned orders, wherein the Market Committee levied market fee for the goods in question.

Learned Additional Advocate General appearing for the State referred to Section 60 of the Tamil Nadu Agricultural Produce Marketing (Regulation) Act, wherein provision for Revision has been made. It was pointed out that the Government may call for and examine the record of any market committee in respect of any proceeding to satisfy themselves as to the regularity of such proceedings or the correctness, legality or propriety of any decision and if in any case, it appears to the Government that any such decision should be modified, annulled, reversed or remitted for reconsideration, then, the Government may pass orders accordingly and under Sub-section (2) to Section 60, the Government may stay the execution of any such decision pending the exercise of their powers under Sub-section (1) of Section 60 of the Act in respect thereof.

Section 60 of the Tamil Nadu Agricultural Produce Marketing (Regulation) Act reads as follows:

Section 60: Revision:

(1) The Government may call for and examine the record of any market committee or the Board or of the Director or the Collector in respect of any proceeding to satisfy themselves as to the regularity of such proceeding or the correctness, legality or propriety of any decision or order passed therein; and if, in any case, it appears to the Government that any such decision or order should be modified, reversed or remitted for reconsideration, then, the Government may pass orders accordingly:

Provided that, before passing any order under this sub-section, the Government-

(a) shall if such order is likely to be prejudicial to any person, give such person a reasonable opportunity of making his representations; and

(b) may consult such authority or officer as they deem fit.

(2) The Government may stay the execution of any such decision or order pending the exercise of their powers under Sub-section (1) in respect thereof.

In view of the fact that there is alternative remedy available to the petitioners, without giving any finding on merit, we allow the petitioners to prefer Revision before the State within four weeks from the date of receipt of a copy of this order and if any Revision is preferred by the petitioners, the State Government/competent authority will decide the case on merits after notice and hearing the petitioners and others, preferably within four months from the date of filing of such Revision. It will also be open for the petitioners to ask for appropriate interim order, if they are so advised.

The writ petitions stand disposed of with the aforesaid observations and directions. No costs. W.P.M.P. is closed.