PUNJAI PULIYAMPATTI DAILY MARKET AND WEEKLY MARKET TRADERS WELFARE ASSOCIATION v. THE COMMISSIONER
WP/8531/2025 · 2025-03-12
J Sathya Narayana Prasad
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 32464 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 32464 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
W.P.No.8531 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12-03-2025 CORAM THE HONOURABLE MR JUSTICE J.SATHYA NARAYANA PRASAD W .P. No.8531 of 2025
Punjai Puliyampatti Daily Market And Weekly Market Traders Welfare Association Rep. By Its President K.Suresh Kollam Thottam, Avinasi Road Street-1, Ramanathapuram, Punjai Puliampatti Sathiyamangalam Taluk, Erode District-638 459. Petitioner(s) Vs The Commissioner Punjai Puliyampatti Municipality Punjai Puliyampatti, Erode District. Respondent(s) Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a direction in the nature of Writ of Mandamus, 1/6 https://www.mhc.tn.gov.in/judis
W.P.No.8531 of 2025 directing the respondent to remove the garbage and wastes dumped in the market and to provide basic and necessary amenities in the market land licensed to the petitioner by considering the representation of petitioner dated 02.04.2024 and pass such further orders. For Petitioner(s): Mr.N.Ponraj For Respondent(s): Mr.M.S.Prem Kumar, Government Advocate
ORDER This writ petition has been filed for issuance of a Writ of Mandamus, directing the respondent to remove the garbage and wastes dumped in the market and to provide basic and necessary amenities in the market land licensed to the petitioner by considering the representation of the petitioner dated
02.04.2024.
2. The petitioner is an association of small traders conducting business in a market owned by the Respondent Municipality. The Municipality auctioned the license to collect tolls, and the petitioner won the auction. A three-year license was granted through proceeding Na.Ka.No.825/2023/A1 dated
30.03.2024. At the time of granting the license, the market was in poor 2/6 https://www.mhc.tn.gov.in/judis
W.P.No.8531 of 2025 condition, with garbage, a lack of fencing, and a waste-water ditch. The Municipality promised to clear the garbage and improve the facilities but failed to do so. Instead, the Municipality continued dumping waste in the Market. The open ditch caused injuries to traders and customers, and an old dilapidated building became a hub for anti-social activities.
3. Learned counsel appearing for the petitioner would submit that the Municipality failed to fulfill its promise to remove garbage and provide fencing, a covering ditch, and essential facilities. The hazardous conditions pose risks to traders and customers. Therefore, the petitioner submitted a representation on 02.04.2024 requesting the respondent Municipality to clean the market and provide basic amenities, but no action has been taken by the respondent. Hence, the present writ petition is filed.
4. Learned Government Advocate counsel appearing for the respondent would submit that the representation of the petitioner dated 02.04.2024 would be considered on merits, in accordance with law, within a time frame stipulated by this Court. 3/6 https://www.mhc.tn.gov.in/judis
W.P.No.8531 of 2025
5. Heard both sides and perused the materials available on record.
6. Without going into the merits of the case, the respondent is
directed to consider the representation of the petitioner dated 02.04.2024 after conducting a detailed enquiry by giving due notice to the petitioner, affording an opportunity of personal hearing to the petitioner, and pass appropriate orders on merits, in accordance with law, within a period of six (6) weeks from the date of receipt of a copy of this order. In the result, the writ petition stands disposed of with the above observations and direction. No costs. 12-03-2025 cda Index:Yes/No Speaking/Non-speaking order 4/6 https://www.mhc.tn.gov.in/judis
W.P.No.8531 of 2025 To The Commissioner Punjai Puliyampatti Municipality Punjai Puliyampatti, Erode District. 5/6 https://www.mhc.tn.gov.in/judis
W.P.No.8531 of 2025 J.SATHYA NARAYANA PRASAD J. cda W.P.No.8531 of 2025 12-03-2025 6/6 https://www.mhc.tn.gov.in/judis