M/S.Rayala Corporation Pvt Ltd v. State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.06.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU M/s. Rayala Corporation Pvt. Ltd Rep. by its Managing Director Ranjit Pratap 144/7, Old Mahabalipuram Road Kottivakkam Chennai 41.

..

Petitioner Vs.

1. State of Tamil Nadu Rep. by the Secretary to Government Housing and Urban Development Department Secretariat, Fort St. George Chennai 600 009.

2. The Chennai Metropolitan Development Authority Rep. by its Member Secretary Thalamuthu Natarajan Maaligai No.8, Gandhi Irwin Road Egmore, Chennai 600 008.

3. The Director of Town & Country Planning 807, Anna Salai

4. The Chennai Metropolitan Water Supply and Sewerage Board Rep. by its Managing Director No.1, Pumping Station Road ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Declaration declaring that the provisions of the Tamil Nadu Town and Country Planning (Second Amendment) Act, 2007 and the Tamil Nadu Town and Country Planning (Levy of Infrastructure and Amenities Charges) Rules, 2008 are unconstitutional, arbitrary and illegal.

For the Petitioner : Ms.Tanushree For Mr.R.Parthasarathy For the Respondents : Mr.U.Bharanidharan Additional Government Pleader for Respondents 1 & 3 Mrs.P.Veena Suresh for Respondent-2 Mrs.K.Vasanthamala for Respondent-4

ORDER

(Made by the Hon'ble Chief Justice) Heard Ms.Tanushree, learned counsel for the petitioner, Mr.U.Bharanidharan, learned Additional Government Pleader for the

respondents 1 and 3, Mrs.P.Veena Suresh, learned counsel for the second respondent and Mrs.K.Vasanthamala, learned counsel for the fourth respondent.

2. Learned counsel for the second respondent submits that the challenge made in this writ petition to the Tamil Nadu Town and Country Planning (Levy of Infrastructure and Amenities Charges) Rules, 2008 has been negatived by the Division Bench of this Court in the case of D.Manikandan v. State of Tamil Nadu [2013 (5) CTC 494].

3. In the light of that, the present writ petition also stands dismissed. There will be no order as to costs. Consequently, M.P.Nos.1 and 2 of 2009 are also dismissed.

(S.V.G., CJ.) (P.D.A., J.) 20.06.2023 Index :

Yes/No :

Yes/No kpl

To

1. The Secretary to Government Housing and Urban Development Department Secretariat, Fort St. George Chennai 600 009.

2. The Member Secretary Chennai Metropolitan Development Authority Thalamuthu Natarajan Maaligai No.8, Gandhi Irwin Road Egmore, Chennai 600 008.

3. The Director of Town & Country Planning 807, Anna Salai

4. The Managing Director Chennai Metropolitan Water Supply and Sewerage Board No.1, Pumping Station Road

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(kpl) 20.06.2023