Suo-Moto Pil v. Government Of Tamilnadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.01.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA , CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

1. Government of Tamilnadu, Rep. by its the Principal Secretary, Higher Education Department,

2. Government of Tamilnadu, Rep. by its the Principal Secretary, School Education Department,

3. Government of Tamilnadu, Rep. by its the Principal Secretary, Municipal and Local Administration Department,

4. Government of Tamilnadu, Rep. by its the Principal Secretary, Energy Department,

5. The Chairman, 1/6

TANGEDCO, NPKRR Maaligai, No.144, Anna Salai, Chennai - 600 002.

6. The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai - 600 003.

7. The Principal and Chairman, Loyola College, Nungambakkam, Chennai - 600 034.

8. The Secretary and Correspondent, Loyola College, Nungambakkam, Chennai - 600 034.

9. South Indian Artistes Association, Rep. by its General Secretary Vishal .. Respondents RR-7 to 9 suo-motu impleaded as pr order, dated 23.01.2020 made in W.P.No.1343 of 2020.

Prayer : Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Prohibition, prohibiting the private educational institutions in Tamil Nadu namely Engineering Colleges, Medical Colleges, Polytechnics, Business School etc., from making use of the premises for commercial purposes other than educational purposes those who are availing the concessional tariff from the TANGEDCO and exemption from payment of property tax from local bodies and to take appropriate action and submit a report before this Court.

2/6

For Respondents : Mr.T.K.Saravanan, Government Advocate for RR-1 to 4 : Mr.C.Kalaiselvan, for R5 : Mrs.K.Ashvini Devi, for R6 : Ms.H.Mary Sowmi Rexi, for Isaac Chambers for RR-7 and 8 : R9 - No Appearance

ORDER

(Order of the Court is made by the Hon'ble Chief Justice) Heard Mr.T.K.Saravanan, learned Government Advocate for the respondent Nos.1 to 4; Mr.C.Kalaiselvan, learned Counsel for the fifth respondent; Mrs.K.Ashvini Devi, learned Counsel for the sixth respondent; Ms.H.Mary Sowmi Rexi, learned Counsel for the respondent Nos.7 and 8.

2. The suo-motu cognizance was taken by this Court.

3. The auditorium of the private educational institution was permitted for commercial purposes. The learned Counsel for the respondent Nos.4 and 5 submits that initially, the respondent Nos.4 and 5 permitted conduct of Annual General Meeting of the sixth respondent. However, subsequently, 3/6

the same was not permitted and no such meeting is conducted. The learned Counsel further submits that the respondent Nos.4 and 5 were not permitted the use of their auditorium for any commercial or other purposes.

4. In view of the above, this suo-motu Writ Petition stands disposed of. There will be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 19.01.2024 Index : yes/no Speaking order/Non-speaking order : yes/no grs To

1. The Principal Secretary, Higher Education Department,

2. The Principal Secretary, School Education Department,

3. The Principal Secretary, Municipal and Local Administration Department, 4/6

4. The Principal Secretary, Energy Department,

5. The Chairman, TANGEDCO, NPKRR Maaligai, No.144, Anna Salai, Chennai - 600 002.

6. The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai - 600 003.

5/6

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

grs 19.01.2024 6/6