Chennai: The Madras high court has ordered notice to the state government and Chennai Metropolitan Development Authority on an appeal against an order of a single judge, dismissing a petition, which challenged the allotment of shops through auction/tender for vegetable market phase-I at Koyambedu.
A division bench comprising Justices Vineet Kothari and C.V. Karthikeyan posted to June 10, further hearing of the appeal filed by Koyambedu Wholesale Market Complex, Periyar Kaikari Angadi Anaithu Sangankalin Kootamaipu, which also sought to stay the operation of the order of the single judge dated March 13, 2019.
Petitioner's counsel Rajasekhar submitted that the state government had taken a policy decision of shifting the fruits, flowers and vegetable markets from the Kothavalchavadi George Town to the newly identified place in Koyambedu complex on September 23, 1988 with an intention of de-congesting the traffic in the areas surrounding George Town.
Further, it was proposed to shift the wholesale traders from George Town to a new site at Koyambedu by providing all facilities. Pursuant to the policy decision, the government brought two categories of traders namely George Town Traders and Non-George Town Traders and fixed a sum of Rs 375 per sq.ft for GT Traders and Rs 450 per sq.ft for NGT Traders as the new scheme for the allotment of shops. Thereafter, the authorities allotted the shop through "drawl of lots", he added.
He said on January 4, 2009, the authorities have advertised for the allotment of shops through drawl and the said drawl was scheduled to be held on June 2, 2009 as per the paper publication and the same was cancelled due to administrative reasons.
For the past 22 years, the shops were allotted through drawl of lots, if there were more than one number of applicants for the same shop. While so, all of a sudden, the authorities published a paper publication on December 21, 2018, and as per which, the allotment of shops would be made through auction/ tender for vegetable market phase-I only.
The said auction/tender was against the policy of the government's mode of allotment. Therefore on December 27, 2018, the association sent a representation to the authorities bringing to their knowledge about the policy for allotment and also about the fixing of the exorbitant rate of value of the shop per sq.ft and the same was received, but there was no response.
Hence, the association had filed a petition challenging the auction/tender policy. But a single judge dismissed the petition. Aggrieved, the appellant has filed the present appeal, Rajasekhar added....