M/S.Somasimara Realters (P) v. State Of Tamilnadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.07.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU M/s. Somasimara Realtors (P) Ltd.

No.17/35, Second Main Road Adayar, Chennai 600 020.

..

Petitioner Vs.

1. The State of Tamil Nadu Rep. by its Secretary to Government Housing & Urban Development Department Chennai 600 009.

2. The Member Secretary Chennai Metropolitan Development Authority Thalamuthu Natarajan Building No.1, Gandhi Irwin Road Chennai 600 008.

..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Declaration to declare the amended provisions of 63B and 63C of Tamil Nadu Town and Country Planning Act, 1971 authorising to levy collection of Infrastructure and Amenities charges as untra vires to the Constitution and forbearing the respondents from levying or collecting infrastructure and amenities charges.

For the Petitioner : Mr.S.Vaitheeswari For Mr.S.Sundaresan For the Respondents : Mrs.R.Anitha Special Government Pleader for Respondent-1 Mrs.P.Veena Suresh for Respondent-2

ORDER

(Made by the Hon'ble Chief Justice) Heard Ms.S.Vaitheeswari, learned counsel for the petitioner, Mrs.R.Anitha, learned Special 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 petition also stands dismissed. There will be no order as to costs. Consequently, M.P.No.1 of 2010 is also dismissed.

(S.V.G., CJ.) (P.D.A., J.) 03.07.2023 Index :

Yes/No :

Yes/No kpl To

1. The Secretary to Government Housing & Urban Development Department Chennai 600 009.

2. The Member Secretary Chennai Metropolitan Development Authority Thalamuthu Natarajan Building No.1, Gandhi Irwin Road Chennai 600 008.

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

(kpl) 03.07.2023