Kasthuri Dhall Mill v. The State of Tamil Nadu

ORDER (Order of the Court was made by M.DHANDAPANI, J.) This Writ Petition has been filed seeking issuance of a Writ of Declaration declaring the levy and collection of market fee from the petitioners by the respondent and its subordinates, in respect of primary agricultural produce such as paddy, black gram, green gram, etc., and the finished products such as rice, black gram dhal, green gram dhal, etc., under Section 24(1) of the Tamil Nadu Agricultural Produce Marketing (Regulation) Act, 1987, as illegal, in the absence of a notification under Section 5(3) of the Act for change of location of the Kumbakonam Regulated Market, without declaration of the notified market area under Section 6(2) of the Tamil Nadu Agricultural Produce Marketing (Regulation) Act, 1987, and also without a declaration for establishment of the Thanjavur Market Committee under Section 5(1) of the Act.

2.When the matter is taken up for hearing today, the learned Special Government Pleader appearing for the first respondent would submit that the notification has subsequently been amended. The said amended notification has been challenged before the Principal Seat of this Court and the matter is pending consideration.

3.In view of the subsequent development, the prayer sought for in the present Writ Petition has become infructuous. However, it is made clear that any judgment that may be rendered by the Principal Seat in respect of the levy and collection of market fee shall also be applicable to the petitioners herein, subject to the outcome of the said proceedings and in accordance with law.

4.With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, the connected Miscellaneous Petition is closed. [M.D.I.,J.] & [N.D.K.,J.]

13.08.2026 NCC : Yes / No Index : Yes / No ps To

1.The Secretary to Government, Represented by the State of Tamil Nadu, Agricultural Department, Secretariat, Fort St.George, Chennai-600 009.

2.The Commissioner, Agricultrual Marketing and Agri Business, Thiru.Vi.Ka Industrial Estate, Cipet Road, Guindy, Chennai-600 032.

3.The Secretary, Thanjavur Market Committee, Thanjavur District.

4.The Superintendent, Thanjavur Market Committee, Kumbakonam Regulated Market, Kumbakonam, Thanjavur District. M.DHANDAPANI

, J.

and

N.DILIP KUMAR, J. ps

13.08.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.08.2026 CORAM: THE HONOURABLE MR.JUSTICE M.DHANDAPANI and THE HONOURABLE MR.JUSTICE N.DILIP KUMAR and W.M.P(MD)No.4149 of 2020 1.Kasthuri Dhall Mill, Represented by its Partner, K.Muthukrishnan. 2.Meenatchi Dhall Mills, Represented by its Partner, R.Selvaraj. 3.Indra Store, Represented by its Proprietor, P.Selvaraj. 4.Kalyan Mills, Represented by its Proprietor, V.Kalyanam. 5.Kumbakonam Dhall Traders, Represented by its Proprietor, T.Karuppiah. 6.Shri Hari Dhall Mill, Represented by its Proprietor, P.Mahesh ... Petitioners vs. 1.The State of Tamil Nadu, Represented by its Secretary to Government, Agricultural Department, Secretariat, Fort St.George, Chennai-600 009. 2.The Commissioner, Agricultrual Marketing and Agri Business, Thiru.Vi.Ka Industrial Estate, Cipet Road, Guindy, Chennai-600 032. 3.The Secretary, Thanjavur Market Committee, Thanjavur District. 4.The Superintendent, Thanjavur Market Committee, Kumbakonam Regulated Market, Kumbakonam, Thanjavur District. ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Declaration to declare the unauthorized levying and collection of market fee from the petitioners by the respondent and their subordinates in respect of primary agriculture produce such as Paddy, Black Gram, Green Gram etc and the finished products such as rice, dhall of blackgram and greengram etc under Section 24(1) of Tamilnadu Agriculture produce Marketing (Regulation) Act 1987 in the absence of notification under Section 5(3) of Act, 1959 for change of location of Kumbakonam regulated market without declaration of notified market area as per section 6(2) of Tamilnadu Agriculture produce marketing (Regulation) Act, 1987 and also without declaration for establishment of Thanjavur Market Committee u/s.5(1) of Act as illegal. For Petitioner : Mr.S.Rajasekar For Respondents : Mr.M.Mahaboob Athiff (R1) Special Government Pleader : Mr.M.Rajarajan (R3)