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CDJ 2026 MHC 4830
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| Court : High Court of Judicature at Madras |
| Case No : W.P. No. 23406 of 2026 & W.M.P. Nos. 25370 & 25371 of 2026 |
| Judges: THE HONOURABLE MR. JUSTICE M. DHANDAPANI |
| Parties : Vegetable Vendors Market Association, Rep. by its President – A. Narayanan, Krishnagiri Versus The District Collector, Krishnagiri & Others |
| Appearing Advocates : For the Petitioner: Dakshayini Reddy, Senior Counsel for M/s. J. Stanlin, Advocates. For the Respondents: R1 to R5, M. Sivavarthanan, Government Counsel, R6, Abishek Murthy, Advocate. |
| Date of Judgment : 25-06-2026 |
| Head Note :- |
Constitution of India - Article 226 -
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| Summary :- |
1. Statutes / Acts / Rules Mentioned:
- Article 226 of the Constitution of India
2. Catch Words:
- Certiorari
- Mandamus
- Show cause notice
- Licence
- Traffic regulation
3. Summary:
The petitioner, a private market association, sought a writ of certiorari and mandamus to quash two notices issued by the fifth respondent ordering the closure of its vegetable and tomato markets, alleging lack of a show‑cause notice and enquiry. The petitioner also requested that the respondents refrain from interfering with the market’s operation. The respondents contended that the association had no licence to operate the market and that the service road on the National Highway caused traffic congestion. The Court, without addressing the merits, directed that the notices be treated as show‑cause notices, allowing the petitioner to reply within a week. The respondents were ordered to conduct an enquiry and pass appropriate orders, while temporarily restricting entry via the service road and permitting use of an alternative footpath. The petitioner was directed to approach the traffic department for regulated loading and unloading timings. The petition was thereafter disposed of with no costs, and related miscellaneous petitions were closed.
4. Conclusion:
Petition Dismissed |
| Judgment :- |
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(Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for records pertaining to the impugned notice bearing Na.Ka.No.01/2026/Oo, and Na.Ka.No.02/2026/Oo, both dated 02.06.2026 issued by the fifth respondent and to quash the same and consequently forbear the respondents, their subordinates, sucessors, men, agents, executants from interfering with the operation, functioning, maintenance, running of the vegetable daily market and the tomato daily sandhai over the lands comprised in survey nos.44/2B and 427/1A and in survey nos.82, 174/1A, 175/3, 175/4, 175/5 and 175/6, Moranappalli Revenue Village, respectively, both situated in Bathalappalli Village, Perandapalli Panchayat, Soolagiri Panchayat Union, Hosur Taluk, Krishnagiri District, operated by the petitioner and their members and from interfering with their right to run the said private market/ sandhai.)
1. The petitioner has filed this writ petition seeking issuance of Writ of Certiorarified Mandamus calling for records pertaining to the notice bearing Na.Ka.No.01/2026/Oo, and Na.Ka.No.02/2026/Oo, both dated 02.06.2026 issued by the fifth respondent and to quash the same and consequently forbear the respondents, their subordinates, successors, men, agents, executant from interfering with the operation, functioning, maintenance, running of the vegetable daily market and the tomato daily sandhai over the lands comprised in survey nos.44/2B and 427/1A and in survey nos.82, 174/1A, 175/3, 175/4, 175/5 and 175/6, Moranappalli Revenue Village, respectively, both situated in Bathalappalli Village, Perandapalli Panchayat, Soolagiri Panchayat Union, Hosur Taluk, Krishnagiri District, operated by the petitioner and their members and from interfering with their right to run the said private market/ sandhai.
2. The learned Senior Counsel appearing for the petitioner submitted that the petitioner association has been running vegetable daily market and the tomato daily sandhai over the lands comprised in survey nos.44/2B and 427/1A and in survey nos.82, 174/1A, 175/3, 175/4, 175/5 and 175/6, Moranappalli Revenue Village, respectively, both situated in Bathalappalli Village, Perandapalli Panchayat, Soolagiri Panchayat Union, Hosur Taluk, Krishnagiri District without any hindrance, however, all of a sudden, the fifth respondent passed the impugned notices directing to close the vegetable daily market and the tomato daily sandhai without issuing any show cause notice and without conducting any enquiry. The learned Senior Counsel further submitted that though the respondents issued notices to the petitioner association to close the shops, they have not issued any notice to the other shops which are abutting the National Highways.
3. The learned Senior Counsel appearing for the petitioner further submitted that the respondents issuing notices to the petitioner association directing to close the vegetable daily market and the tomato daily sandhai without issuing any show cause notice and without conducting any enquiry is not sustainable one. Hence, this Court may without going into the merits of the case, permit the petitioner association to treat the impugned notices as show cause notices and permit the petitioner association to give reply to the said notices and issue direction to the respondents to consider the same and to pass appropriate orders.
4. The learned Senior Counsel appearing for the petitioner further submitted that this Court vide order dated 18.06.2026 made in this writ petition issued direction to the second respondent to prevent the members of the petitioner association and other vendors and purchasers from entering the service road on the National Highways and to ascertain whether any alternative route is available to reach the market.
5. The learned Government Counsel appearing for the respondents 1 to 5 submitted that as on date no licence was obtained by the petitioner association from any authorities for running vegetable daily market and the tomato daily sandhai. The learned Government Counsel further submitted that this Court may permit the petitioner association to treat the impugned notices as show cause notices and to give reply to the said notices and issue direction to the respondents to consider the same and to pass appropriate orders. In the meanwhile, the members of the petitioner association and other vendors and purchasers may be prevented from entering the service road on the National Highways since it leads to traffic jam.
6. The learned Government Counsel appearing for the respondents 1 to 5 further submitted that there is a 10 feet road available on the Western side of the market and the same can be used as a foot path to reach the market for a limited period. For loading and unloading of the goods, the petitioner association may be directed to approach the traffic department of the law enforcing agency so that the law enforcing agency will fix time frame for loading and unloading of the goods for a limited period till the conclusion of enquiry and further submitted that the respondents may be directed to permit the members of the petitioner association and other vendors and purchasers for loading and unloading of the goods as per the time frame fixed by the traffic department of the law enforcing agency.
7. Considering the limited relief now sought for by the learned Senior Counsel appearing for the petitioner and the submissions made by the learned Government Counsel appearing for the respondents 1 to 5, this Court without expressing any opinion on the merits of the case, permits the petitioner association to treat the impugned notices as show cause notices and to give suitable reply to the said notices, within a period of one week from the date of receipt of a copy of this order. Upon receipt of such reply, the respondents shall consider the same, conduct enquiry and shall appropriate orders as expeditiously as possible.
8. Till the enquiry is completed and appropriate orders are passed by the respondents, the members of the petitioner association and other vendors and purchasers are prevented from entering the service road on the National Highways since it leads to traffic jam. Till such time, the 10 feet road available on the Western side of the market can be used as a foot path to reach the market.
9. For loading and unloading of the goods, the petitioner association is directed to approach the traffic department of the law enforcing agency and upon such approach by the petitioner association, the traffic department of the law enforcing agency shall fix time frame for loading and unloading of the goods for a limited period till the conclusion of enquiry and passing of appropriate orders by the respondents. The respondents shall permit the members of the petitioner association and other vendors and purchasers for loading and unloading of the goods as per the time frame fixed by the traffic department of the law enforcing agency.
10. With the above observations and directions, the writ petition is disposed of. No costs. Consequently, the connected miscellaneous petitions are closed.
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