The Managing Trustee v. The Member Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.06.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU The Managing Trustee A Trust for Education and Rehabilitation of disabled Orphans and Destitute No.11, Perianna Mudali Street Seven Wells, Chennai - 600 001.

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Petitioner Vs.

The Member Secretary Chennai Metropolitan Development Authority No.1, Gandhi Irwin Road Chennai - 600 008.

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Respondent Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of declaration, to declare Rule 7(3) of the Application, Assessment and Collection of Regularization fee (Chennai Metropolitan Area) Rules 1999 as amended up to 24.04.2002 as illegal and null and void insofar as claiming 18% interest for regularization fees.

For the Petitioner : Mr.P.Subba Reddy For the Respondent : Mrs.Veena Suresh

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.P.Subba Reddy, learned counsel for the petitioner and Mrs.Veena Suresh, learned counsel for the respondent.

2. It is not in dispute that the impugned Rule stands repealed and new Rules are in force. In the light of that, challenge to the impugned Rule does not survive.

3. Learned counsel for the petitioner submits that interest at the rate of 18% per annum is too harsh. In other case, the respondent levies 6% interest. The petitioner may approach the respondent in that regard and such an application shall be considered by the respondent on merits.

4. In the light of that, the writ petition is disposed of. There will be no order as to costs.

(S.V.G., CJ.) (P.D.A., J.) 26.06.2023 Index :

Yes/No :

Yes/No drm To

1. The Member Secretary Chennai Metropolitan Development Authority No.1, Gandhi Irwin Road Chennai - 600 008.

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

(drm) 26.06.2023