CHENNAI: The Madras High Court has ordered the immediate locking and sealing of the shops of wholesale flower vendors, who are carrying on the business illegally despite repeated eviction orders of the government and the courts, at Badrian Street in Esplanade.
Justice SM Subramaniam gave a direction to this effect, to be implemented within 48 hours, when a batch of over 50 writ petitions from the flower vendors seeking to restrain the CMDA and the Housing and Urban Development department from evicting them, came up on Tuesday.
The judge noted that the government had passed several orders directing the traders to shut the shops. The High Court had also upheld these orders on various occasions. It had ordered the lock and seal of the shops. However, they had broken open the lock and seals and many FIRs had been registered by the police in this connection. But they were ineffective, so far. Hence, some serious action must be taken against them, the judge said.
The judge said that the very purpose and object of the TN Specified Commodities Markets (Regulation of Location) Act, 1996, is being defeated. “Taking into consideration the fast growth of the population and commercial activities, the congestion, and consequential traffic and other problems in the Chennai Metropolitan Planning Area and further, with a view to decongest such areas and to shift as many as commercial activities as possible to outside such parts, thereby to pave way for planned development and better public health, the State Assembly had though it fit to bring out the legislation. But it is being made ineffective by the illegal traders,” the judge said.
The judge also noted that the eviction orders were issued long back. Many shops are continuing the wholesale business. They had also filed civil suits before the City Civil Court and prevented the authorities from acting in accordance with law. They escaped from the clutches of law for about 22 years and defeated the court orders and that of the government.
The judge said that he is of the opinion that people would lose confidence in the rule of law and in the judicial system, if the court shows any leniency to the traders. It is the duty of the court to ensure the implementation of the constitutional mandates by the executives concerned, the judge added.
Contending that the traders had abused the judicial process as well as flouted the orders passed by the competent authorities, the judge directed the Greater Chennai Police Commissioner to provide adequate protection for the competent officials for locking and sealing the premises of the wholesale traders on Badrian Street.
The judge also directed the CMDA and the Housing and Urban Development department to videograph the process. The judge further directed the Police Commissioner to install a police booth in Badrian Street to ensure that no further wholesale trade business is allowed either by the writ petitioners or by other vendors and to intensify the police patrolling in the locality till normalcy is restored.
The inspector attached to Flower Bazaar station is directed to continue the investigation in respect of the FIR already registered for breaking open the lock and seal and proceed with the prosecution by following the procedures as contemplated.
In the event of further continuance of wholesale business by breaking open the official lock and seal in that locality, the inspector shall register complaints and prosecute the offenders by following the procedures as contemplated under the law, the judge added and posted the matter to October 22 for filing a compliance report.
The ruling
Justice SM Subramaniam gave a direction to this effect, to be implemented within 48 hours, when a batch of over 50 writ petitions from the flower vendors seeking to restrain the CMDA and the Housing and Urban Development department from evicting them, came up on Tuesday.