W.P.No.23065 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 27.06.2025 CORAM: THE HONOURABLE MR. JUSTICE N.MALA W.P.No.23065 of 2025 WMP.Nos.25910 and 25913 of 2025 T.Mony .. petitioner vs 1.The Commissioner Greater Chennai Corporation Ripon Building Chennai – 3. 2.The Zonal Officer/District Revenue Officer Zone 8 Part 23 Chennai Corporation of Chennai Shenoy Nagar, Chennai – 600 030. 3.The General Manager (Marketing) Tamil Nadu Cooperative Milk Producers Federation Ltd 3A Pasumpon Muthuramalingam Salai Nandanam, Chennai – 600 035. … Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus to call for the records relating to the proceedings bearing Ma.A.8.Na.Ka.No.A6/1491/2025 dated 05.05.2025 issued by the 2nd respondent and quash the same and 1/6 https://www.mhc.tn.gov.in/judis W.P.No.23065 of 2025 consequently allow the petitioner to continue the distribution of milk at AVM 102, Ayanavaram. For Petitioner : Mr.A.V.Bharathi for S.Yuvaraj For Respondents : M/s.Aswinidevi, Standing Counsel for R1 & R2 O R D E R This writ petition is filed to call for the records relating to the proceedings bearing Ma.A.8.Na.Ka.No.A6/1491/2025 dated 05.05.2025 issued by the 2nd respondent, to quash the same and consequently allow the petitioner to continue the distribution of milk at AVM 102, Ayanavaram. 2. With the consent of the learned counsel appearing for the petitioner and the learned standing counsel appearing for the respondents 1 and 2, this writ petition is taken up for final disposal. 3. The petitioner is running AVM (Automated Vending Machine) No.102 at Ayanavaram Market, a concession milk booth established under the Tamil Nadu Cooperative Milk Producers Federation (Aavin) for more than 40 years without any hindrance to the general public. Whiel so, the 2nd 2/6 https://www.mhc.tn.gov.in/judis W.P.No.23065 of 2025 respondent vide the impugned proceedings directed the 3rd respondent to shift the milk booth to different premises, without any notice or hearing to the petitioner, thereby violating the principles of natural justice. Hence, the petitioner filed the above writ petition. 4. The learned counsel for the petitioner submitted that the petitioner is solely dependant for his livelihood on the milk vending business. The learned counsel submits that shifting of AVM to a different place would affect the livelihood of the petitioner and cause irreparable loss and hardship to him. The learned counsel would further submit that the petitioner is running the AVM for more than 40 years without any hindrance to the general public and hence, the impugned order directing shifting of the AVM booth to different place that too, without notice and opportunity of hearing to the petitioner, is unsustainable and illegal. 5. Heard the learned counsel for the petitioner and the learned standing counsel for the respondents 1 and 2 and perused the materials available on record. 3/6 https://www.mhc.tn.gov.in/judis W.P.No.23065 of 2025 6. It appears from the records that the petitioner was not given notice and no opportunity of hearing was afforded to the petitioner before issuing the order for shifting of AVM to a different place. The petitioner claims to be conducting the business for the past 40 years, therefore the least the respondents could have done was to issue him a notice and afford him an opportunity of hearing before ordering shifting of AVM. In my view, therefore the decision of the 2nd respondent to shift the AVM is in gross violation of Audi Alteram Partem Rule and hence, the impugned order deserves to be set aside and is set aside. 7. In any event, the matter is remanded to the 2nd respondent for fresh consideration. The 2nd respondent is directed to afford an opportunity of hearing to the petitioner and thereafter pass orders on merits and in accordance with law, in the light of the communication of the 3rd respondent/Tamil Nadu Cooperative Milk Producers Federation Ltd in Na.Ka.No.1154/N.4.VB/2025 dated 13.06.2025, within a period of eight weeks from the date of receipt of a copy of this order. In the meanwhile, the 2nd respondent shall not take any coercive steps to close the AVM booth of the petitioner till the final order as directed is passed. 4/6 https://www.mhc.tn.gov.in/judis W.P.No.23065 of 2025 8. In the result, writ petition is allowed. No costs. Consequently, connected miscellaneous petitions are closed. 27.06.2025 Speaking order / Non-speaking order Index : Yes / No Neutral Citation : Yes / No tsh To 1.The Commissioner Greater Chennai Corporation Ripon Building Chennai – 3. 2.The Zonal Officer/District Revenue Officer Zone 8 Part 23 Chennai Corporation of Chennai Shenoy Nagar, Chennai – 600 030. 3.The General Manager (Marketing) Tamil Nadu Cooperative Milk Producers Federation Ltd 3A Pasumpon Muthuramalingam Salai Nandanam, Chennai – 600 035 5/6 https://www.mhc.tn.gov.in/judis W.P.No.23065 of 2025 N. MALA , J. tsh W.P.No.23065 of 2025 27.06.2025 6/6 https://www.mhc.tn.gov.in/judis