S.Sriram v. The State Of T.N, Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.03.2022
CORAM:
THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P.NOS.21785 OF 2004, 10553 OF 2008, 5545 OF 2007, 31751 OF 2004, 32750 OF 2004 AND 25066 OF 2005 AND W.P.M.P.NOS.26329 AND 26330 OF 2004, 38472 AND 38473 OF 2004, 39647 AND 39648 OF 2004, M.P.NO.2 OF 2007 AND M.P.NO.1 OF 2008 S.Sriram ... Petitioner in W.P.No.21785 of 2004 Rashtriya Ispat Nigam Ltd., Visakhapatnam Steel Plant, Rep. By its Senior Branch Manager, No.184, Anna Salai, 2nd Floor, India Garage Building, Chennai - 6.
... Petitioner in W.P.No.10553 Of 2008 Shri Kutch Kadava Patidar Samaj Tambaram (Regd No.526/1994), Rep. Herein by its General Power of Attorney, M/s.Ruby Manoharan Property Developers Pvt. Ltd., by its Director, Mrs.K.Rubu Manoharan, No.240, Velachery Main Road, Selaiyur, Chennai - 600 073.
... Petitioner in W.P.No.5545 Of 2007 A.Abdul Kalam Azad Rep. By Power of Attorney Agent, Mr.N.Sriram, 1, Jawaharlal Nehru Road, Chennai - 17.
... Petitioner on W.P.No.31751 Of 2004 A.S.L.Rajan ... Petitioner in W.P.No.32750 Of 2004
M/s.Chitra Constructions Pvt. Ltd., Rep. By its Managing Director, RMR.G.Govindarajan, 9, Choolaimedu High Road, Chennai - 92.
... Petitioner in W.P.No.25066 Of 2005 .Vs.
The State of Tamil Nadu, Rep. by its Secretary, The Government of Tamil Nadu Land Administrative, Fort St. George, ... 1st Respondent in W.P.No.21785 of 2004 Pallavaram Municipality, Chennai.
... 2nd Respondent in W.P.No.21785 of 2004 & 3rd Respondent in W.P.No.25066 of 2005 The State of Tamil Nadu, Rep. By its Secretary, The Department of Municipal Administration & Water Supply Department, Fort St. George, ... 1st Respondent in W.P.No.10553 of 2008 Thiruvottiyur Municipality, Rep. By its Chairman, 945, T.H. Road, Kaladipet, Thiruvottiyur, Chennai - 19.
... 2nd Respondent in W.P.No.10553 of 2008 Thiruvottiyur Municipality, 945, T.H. Road, Kaladipet, Thiruvotiyur, Chennai - 19.
... 3rd Respondent in W.P.No.10553 of 2008
The Executive Authority, Thiruvottiyur Municipality, 945, T.H. Road, Kaladipet, Thiruvottiyur, Chennai - 19.
... 4th Respondent in W.P.No.10553 of 2008 Tambaram Municipality, Tambaram, Chennai - 600 045.
... 1st Respondent in W.P.No.5545 of 2007 The State Of Tamil Nadu, Rep. By its Secretary to Government, Municipal Administration Department Secretariat, Fort St. George, ... 2nd Respondents in W.P.No.5545 of 2007 and W.P.Nos.31751 & 32750 of 2004 and 1st Respondent in W.P.No.25066 of 2005 Alandur Municipality, Alandur, Chennai.
... 1st Respondent in W.P.Nos.31751 & 32750 of 2004 The Director of Municipal Administration, Chepauk, Chennai - 005.
... 3rd Respondent in W.P.Nos.31751 & 32750 of 2004 ... 2nd Respondent in W.P.No.25066 of 2005 PRAYER IN W.P.NO.21785 OF 2004:- Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Declaration, declaring that the levy/demand and collection of vacant site tax as condition precedent for the grant of planning permission/building license as illegal, ultra vires the provision of the District Municipality Act, and unconstitutional and consequentially, direct the respondents to process the
application and grant planning permission/building license without insisting upon the payment of vacant site tax. PRAYER IN W.P.NO.10553 OF 2008:- Writ Petition filed under Article 226 of the Constitution of India to grant a Writ, order or direction more particularly in the name of the declaration holding that the levy of vacant site tax is ultra vires the powers of the 2nd Respondent herein and unconstitutional.
PRAYER IN W.P.NO.5545 OF 2007:- Writ Petition filed under Article 226 of the Constitution of India to issue any appropriate Writ or direction in the nature of a Writ of Declaration, declaring that the levy, demand and collection of vacant site tax by the respondent to the grant of planning permission, /building permit is illegal, invalid, unconstitutional and ultra vires of the provisions of the Tamil Nadu District Municipalities Act.
PRAYER IN W.P.NO.31751 OF 2004:- Writ Petition filed under Article 226 of the Constitution of India to issue any appropriate Writ or direction in the nature of a Writ of Declaration, declaring that the levy demand and collection of Vacant site tax as condition precedent for grant of Planning Permission/Building permit as illegal, ultra vires the provision of the District Municipalities Act and unconstitutional and consequently direct the respondents to process the application and grant planning permission/Building permit without insisting upon the payment of Vacant site Tax as contained in the Letter dated 09/09/2004 in Lr.Na.Ka.No.13390/04/F-1 of the 1st Respondent. PRAYER IN W.P.NO.
32750 OF 2004:- Writ Petition filed under Article 226 of the Constitution of India to issue any appropriate Writ or direction in the nature of a Writ of Declaration, declaring that the levy demand and collection of Vacant site tax as condition precedent for grant of Planning Permission/Building permit as illegal, ultra vires the provision of the District Municipalities Act and unconstitutional and consequently direct the respondents to process the application and grant planning permission/Building permit in respect of the development of Plot Nos.
Thillai Ganga Nagar, 23rd Street, S.No.71/1, T.S.No.184, Ward No.E, Block No.9 of Adambakkam Village, without insisting upon the payment of Vacant site Tax as contained in the Letter dated 05/05/2004 in Letter Na.Ka.No.7-73/2004/F-1 of the 1st Respondent.
PRAYER IN W.P.NO.25066 OF 2005:- Writ Petition filed under Article 226 of the Constitution of India to issue any appropriate Writ or Direction in the nature of a Writ of Declaration, declaring that the levy, demand and collection of Vacant Site Tax as a condition precedent for grant of planning permission/building permit as illegal, ultra vires to the provisions of the District Municipalities Act and unconstitutional and consequently direct the respondents to process the application of the petitioner and grant planning/ building permit without insisting upon the payment of Vacant Site Tax.
Writ Petition Nos.
For Petitioner For R1 For R2 For R3 For R4 Mr.TNC.
Kaushik, Additional Government Pleader 21785 of Mr.G.
Thyagarajan Mr.P.
Srinivas -- -- Mr.Prahlad Bhat for Mr.Satish Parasaran Mr.TNC.
Kaushik, Additional Government Pleader Mr.TNC.
Kaushik, Additional Government Pleader 31751 of Mr.P.
Srinivas -- Mr.TNC.Kaus hik, Additional Government Pleader Mr.TNC.
Kaushik, Additional Government Pleader 25066 of Mr.S.
Kamadevan Mr.P.
Srinivas -- Mr.TNC.
Kaushik, Additional Government Pleader 5545 of No Appearance Mr.P.
Srinivas -- -- Mr.TNC.
Kaushik, Additional Government Pleader Mr.Mukund for Sarvabhauman Associates 10553 of Mr.P.
Srinivas Mr.P.
Srinivas Mr.P.
Srinivas
Writ Petition Nos.
For Petitioner For R1 For R2 For R3 For R4 Mr.TNC.
Kaushik, Additional Government Pleader Mr.TNC.
Kaushik, Additional Government Pleader 32750 of Mr.Rahul Bhat Mr.P.
Srinivas -- C O M M O N O R D E R In this batch of Writ Petitions, the petitioners seek a direction forbearing the contesting respondent, i.e., the Commissioner, Alandur Municipality (W.P.No.21785 of 2004), the Commissioner, Pallavaram Municipality (W.P.No.25066 of 2005), the Commissioner, Thiruvottiyur Municipality (W.P.No.10553 of 2008), the Commissioner, Alandur Municipality (W.P.Nos.31751 & 32750 of 2004), the Commissioner, Tambaram Municipality (W.P.No.5545 of 2007) from levying, demanding or collecting vacant site tax from them as a pre-condition for grant of building permission/planning permission in respect of their properties.
2. The relief sought for by the petitioners has itself been effectively granted by this Court even at the interim stage, since interim injunction sought for by the petitioners, which was similar to the final prayer, has been allowed on 29.07.2004 (W.P.No.21785 of 2004), 16.02.2007 (W.P.No.5545 of 2007) 10.11.2004 (W.P.No.32750 of 2004) 03.11.2004 (W.P.No.31751 of 2004) 25.04.2008 (W.P.No.10553 of 2008) 05.08.2005 (W.P.No.25066 of 2005).
3. Pending Writ Petitions, all petitioners would confirm the position that they have received the sanction/planning permission in respect of the sites developed by them as below: W.P.Nos.
Area Location 21785 of 2030 sft Plot No.26A-2, 12th Cross Street, New Colony, Chrompet, Chennai-600 Old Survey Nos.9A/1A2 New Survey Nos.9A/1A2A1, 9A/1A2A2 & 9A/1A2A3 5545 of Ac.0.81 cents Old Survey No.14/1-A Part in Plot No.28, Hindu Colony, Nanganallur, Chennai - 600 061 31751 of Not mentioned
W.P.Nos.
Area Location Ac.19.28 cents & Ac.2.87 cents S.Nos.328/1, 328/2 and 328(B) at Zamin Pallavaram, Pallavaram Municipality, Chennai 25066 of Plot Nos.14, 15 & 17, 23rd Street, Thillai Ganga Nagar, Ward No.E, Block No.9 of Adambakkam Village 32750 of Not mentioned 10553 of Not mentioned Not mentioned
4. Even though the purpose of the Writ Petitions has been achieved by the petitioners as early as on 29.07.2004 (W.P.No.21785 of 2004), 16.02.2007 (W.P.No.5545 of 2007) 10.11.2004 (W.P.No.32750 of 2004) 03.11.2004 (W.P.No.31751 of 2004) 25.04.2008 (W.P.No.10553 of 2008) 05.08.2005 (W.P.No.25066 of 2005), the same have kept pending inordinately.
5. Be that as it may, Mr.Srinivas, learned Standing Counsel and Mr.Kaushik, learned Additional Government Pleader would confirm the position that they have not proceeded with the levy/collection of vacant land tax in light of the interim injunction granted by this Court.
6. Recording the aforesaid submission, these Writ Petitions are closed. No costs. Connected Miscellaneous Petitions are also closed.
Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar Sl To 1.
The Secretary, The State of Tamil Nadu, Government of Tamil Nadu Land Administration, Fort St. George, 2.
Pallavaram Municipality, Chennai.
3.
The Secretary, The Department of Municipal Administration & Water Supply Department, Fort St. George, 4.
The Chairman, Thiruvottiyur Municipality, Kaladipet, Thiruvottiyur, Chennai - 19.
5.
Thiruvottiyur Municipality, 945, T.H. Road, Kaladipet, Thiruvotiyur, Chennai - 19.
6.
The Executive Authority, Thiruvottiyur Municipality, 945, T.H. Road, Kaladipet, Thiruvottiyur, Chennai - 19.
7.
Tambaram Municipality, Tambaram, Chennai - 600 045.
8.
Alandur Municipality, Alandur, Chennai.
9.
The Director of Municipal Administration, Chepauk, Chennai - 05.
10.
The Secretary, Municipal Administrative Department, Secretariat, Chennai - 09.
+1cc to Mr.Anirudh Krishnan, Advocate, S.R.No.15794 W.P.NOS.21785 OF 2004, 10553 OF 2008, 5545 OF 2007, 31751 OF 2004, 32750 OF 2004 AND 25066 OF 2005 AND W.P.M.P.NOS.26329 AND 26330 OF 2004, 38472 AND 38473 OF 2004, 39647 AND 39648 OF 2004, M.P.NO.2 OF 2007 AND M.P.NO.1 OF 2008 RSI(CO) PBS/28/03/2022