W.P(MD)No.16990 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :25.06.2025 CORAM: THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD)No.16990 of 2025 M.Ramesh ... Petitioner Vs 1. The Principal Secretary/Commissioner, Sales and Agriculture Commerce Department, Chennai. 2. The Special Officer / Deputy Director, Madurai Agriculture Marketing Committee, Madurai. 3. The Secretary, Madurai Agriculture Marketing Committee, Madurai. 4. The Supervisor, Madurai Regulated Market, Mattuthavani, Madurai. 5. Selvam ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the official respondents to remove the obstruction made by the 5th respondent infront of the shop No. L 240, Madurai Flower Market and Paddy Commercial Complex, Mattuthavani, Madurai -7 on the basis of the representation of the petitioner to the 3rd respondent dated 09.06.2025. 1/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.16990 of 2025 For Petitioner : Mr.S.Kishore Kumar For Respondents : Mr.M.Senthil Ayyanar, Government Advocate for R-1 to R-4 ORDER The present Writ Petition has been filed for the issuance of a Writ of Mandamus, directing the official respondents to remove the obstruction made by the 5th respondent infront of the shop of the petitioner. 2. On instructions, the Learned Government Advocate appearing for the official respondents submitted that enquriy was conducted. 3. It is an admitted fact that the 5th respondent has made obstrcutions. 4. The similar issue was already decided by this Court vide order dated 06.01.2023 in W.P(MD)No.28387 of 2022, where it is held as under: “..... 3. The second respondent has filed counter affidavit. In paragraph 6, Rule 37 of The Tamil Nadu Agricultural Produce Marketing (Regulation) Rules, 1991 has been extracted. It reads as follows: “37. Person to abide the instructions of the Head of market.- Every person who enters into a market shall abide by the instructions of the Head of 2/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.16990 of 2025 market or such officer authorised by him in regard to the places where the vehicles may be parked, in regard to the roads by which and the time at which they may proceed and such other instructions for smooth running of purchase and sale of agricultural produce in the market. Any person who obstructs or causes to obstruct any transaction of business shall quit the market immediately, if so directed by the Head of market or any officer of the market committee.” 4. It is also admitted in the counter that one M.Selvam and M.Paraman are causing obstructions. It appears that the second respondent is not acting in the matter in view of the pendency of O.S.No.1480 of 2021, on the file of II Additional Subordinate Court, Madurai. So long as there is no restraint order against the second respondent, the second respondent need not have regard to the pendency of the civil suit. 5. It is clarified by the learned Government Advocate appearing for the respondents 1 to 4 that no interim order has been granted against the marketing committee in the said civil suit. Therefore, this Court direct the second respondent to exercise their statutory power and take steps to remove the obstructions. This shall be carried out after issuing notice to the obstructors. The entire exercise shall be completed within a period of four weeks from the date of 3/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.16990 of 2025 receipt of a copy of this order. If the instruction issued by the second respondent is not complied with, the second respondent can very well avail police aid. 6. With the above observations, this Writ Petition is Allowed. There shall be no order as to costs. 25.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes KSA 4/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.16990 of 2025 To 1. The Principal Secretary/Commissioner, Sales and Agriculture Commerce Department, Chennai. 2. The Special Officer / Deputy Director, Madurai Agriculture Marketing Committee, Madurai. 3. The Secretary, Madurai Agriculture Marketing Committee, Madurai. 4. The Supervisor, Madurai Regulated Market, Mattuthavani, Madurai. 5/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.16990 of 2025 S.SRIMATHY , J. KSA ORDER MADE IN W.P(MD)No.16990 of 2025 DATED :25.06.2025 6/6 https://www.mhc.tn.gov.in/judis