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Madras High CourtWP/30681/2008dismissed

Pgp Educational And Welfare v. State Of Tamilnadu

2023-07-26Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.07.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU PGP Educational & Welfare Society Its Registered Office at "PGP Office"

No.57, Sterling Road, Nungambakkam Chennai 600 034 Rep. by its Secretary K.Kandasamy.

..

Petitioner Vs.

1. State of Tamil Nadu Rep. by its Secretary Rural Development & Panchayat Raj Department Fort St. George, Chennai.

2. The Taluk Development Officer (Village Panchayats) Paramathi Taluk, Namakkal.

3. The Panchayat President Pillaikalathur Panchayat Paramathi Taluk, Namakkal.

..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Declaration declaring the amendments to Tamil Nadu

Village Panchayats (Assessment and Collections of Taxes) Rules, 1999 vide G.O.(Ms.) No.38, Rural Development and Panchayat Raj (PRJ) dated 5th March 2008, notified vide SRO No.A-7, (a)/2008 dated 05.03.2008 inserting a proviso after the second proviso namely "Provided also that the buildings used for educational purposes by Government aided institutions for conducting self-financing unaided courses shall be subject to levy of house tax" as illegal, arbitrary, ultra vires and unenforceable under Articles 14 and 265 of the Constitution of India.

For the Petitioner : No appearance For the Respondents : Mrs.R.Anitha Special Government Pleader

ORDER

(Made by the Hon'ble Chief Justice) The matter was called out on 20.06.2023. On the said date, none appeared for the petitioner. The matter was adjourned today.

2. Today also, when the matter is called out, none appears for the petitioner.

3. As none appears for the petitioner, the writ petition is

dismissed for non-prosecution. There will be no order as to costs. Consequently, M.P.Nos.1 and 2 of 2008 are also dismissed. (S.V.G., CJ.) (P.D.A., J.) 26.07.2023 Index :

Yes/No :

Yes/No kpl To

1. The Secretary Rural Development & Panchayat Raj Department Fort St. George, Chennai.

2. The Taluk Development Officer (Village Panchayats) Paramathi Taluk, Namakkal.

3. The Panchayat President Pillaikalathur Panchayat Paramathi Taluk, Namakkal.

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

(kpl) 26.07.2023