High CourtsSingle Bench(1994) 03 MAD CK 0053

Chennal Kothawal Chavadi Thakkali Vyabarigal Sangam vs Vice Chairman, Madras Metropolitan Development Authority, No. 8 Gandhi Irwin Road, Egmore Madras-8 and others

Madras High Court · Decided on 8 March 1994 · Citation: AIR 1995 Mad 101

HON’BLE JUDGES
Kanakaraj, J
CASE NUMBER
Writ Petition No. 3983 of 1994

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Judgment

17 paragraphs · 384 words

Kanakaraj, J.—The petitioner Sangam is having 200 members on its roll and all of them are dealing in wholesale business in tomatoes at the

Kothwal Chavadi Market, Madras. All the members of the Sangam are being allotted shops in the newly built Koyambedu wholesale Market

Complex. Their grievance is that the allotments are likely to be made on 8th and 9th of March and their request for allotment in a contiguous place

for all the members has not been considered by the respondents. On 2-3-1994 they have given a representation to the third respondent seeking

allotment of shops for all the wholesale traders at a separate place in a contiguous manner. No reply has been received to this representation. But

the drawal of lot for choosing the particular shop for allotment is to be made on 8-3-1994 and 9-3-1994. I am unable to understand the right,

which is sought to be enforced on behalf of the petitioner Sangam. There may be advantages and disadvantages in the members of the petitioner

Sangam having their wholesale business in a separate place at contiguous shops. It is not for this court to find out whether it is more advantages for

the public to have such shops in a contiguous manner. These are all matters, which have to be examined by the respective Authorities in the light of

the experience gained in other markets. Further, there is the difficulty of satisfying the other allottees, who may have an objection to the allotment of

contiguous shops only to tomato wholesalers, preventing the other traders. The third respondent cannot act unilaterally one way or the other.

Therefore, if it is possible to accommodate the members of the petitioner Sangam in the manner they seek for allotment, the third respondent may

consider their representation and pass orders. On this account, I do not want to prevent the respondents from going ahead with the drawal of lots

on 8-3-1994 and 9-3-1994; Mr. A. Chellakumar for the third respondent says that it may not be possible because while drawing lots, it will be

difficult to accommodate all the tomato dealers in one place. I have made it clear that the representation may be considered, only if it is feasible.

The writ petition is dismissed with the above observation. No costs.

2.

Petition dismissed.