Madras High CourtWP/17435/2009disposed of

M. Chandru v. The Secreary To Government

2023-06-20Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu5 pages

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 W.P.Nos.17435 of 2009, 19048, 19800 & 24481 of 2010 M.Chandru ..

Petitioner in WP No.17435/09 M/s. Muttulaul Lalah & Sons Old No.11, New No.21 Sruthi Apartments 2nd Main Road, Gandhi Nagar Petitioner in Chennai 600 020.

WP No.19048/10 M.Arivazhagan ..

Petitioner in WP No.19800/10 M/s. Sri Kousalya Construction Ltd.

Rep. by its Director Y.Meera Reddy No.4, Jayalakshmipuram 1st Street Petitioner in Nungambakkam, Chennai 600 034.

WP No.24481/10 Vs.

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

2. The Member Secretary Chennai Metropolitan Development Authority No.1, Gandhi Irwin Salai Respondents in Egmore, Chennai 600 008.

all W.Ps.

Prayer: Petitions filed under Article 226 of the Constitution of India seeking writs of Declaration to declare the amended provisions 63B and 63C of Tamil Nadu Town and Country Planning Act, 1971 authorising to levy collection of Infrastructure and Amenities charges as ultra vires to the Constitution.

For the Petitioners : Mr.S.Sundaresan For the Respondents : Mr.U.Bharanidharan Additional Government Pleader for Respondent-1 Mrs.P.Veena Suresh for Respondent-2

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.S.Sundaresan, learned counsel for the petitioners, Mr.U.Bharanidharan, learned Additional Government Pleader for the first respondent and Mrs.P.Veena Suresh, learned counsel for the second 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 petitions also stand dismissed. There will be no order as to costs. Consequently, M.P.No.1 of 2009 and M.P.Nos.1 of 2010 (3 nos.) are also dismissed. (S.V.G., CJ.) (P.D.A., J.) 20.06.2023 Index :

Yes/No :

Yes/No kpl

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

2. The Member Secretary Chennai Metropolitan Development Authority No.1, Gandhi Irwin Salai Egmore, Chennai 600 008.

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

(kpl) 20.06.2023