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Madras High CourtWP/3526/2011dismissed as infructuous

Sri Ram Educational Trust, v. State Of Tamil Nadu,

2018-11-22Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.11.2018

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.3526 of 2011 and M.P.No.1 of 2011 Sri Ram Educational Trust represented by its Secretary R.Munirathinam No.22, Evening Bazaar Road, Chennai 600 003.

.. Petitioner .Vs.

1.The State of Tamil Nadu rep.by its Secretary to Government, Rural Development and Panchayatraj (PR-1) Department, Fort St.George, Chennai 600 009.

2.The District Collector, Thiruvalluvar District, Thiruvallur.

3.The Asst.Director (Panchayat) Rural Development Department, Thiruvallur.

4.The President, Perumalpattu Panchayat, Perumal pattu Village, 793, Redid Street, Thiruvallur District.

.. Respondents Prayer : Writ petition filed under Article 227 of the Constitution of India, praying for a writ of certiorari, calling for the impugned order in Notice No.1 of 2011 dated 08.01.2011 and consequential demand Notice dated 08.01.2011 issued by the fourth respondent and quash the same.

For petitioner : Mr.R.Natarajan For R1 to R3 : Mr.M.Karthikeyan Additional Govt. Pleader For R4 : Mr.J.Thilagaraj

O R D E R

This writ petition has been filed to issue a writ of certiorari, calling for the impugned order in Notice No.1 of 2011 dated 08.01.2011 and consequential demand notice dated 08.01.2011 issued by the fourth respondent and quash the same.

2. According to the learned counsel for the petitioner, the petitioner has challenged the impugned notice issued by the 4th respondent. In pursuant to the writ petition, the petitioner has filed various writ petitions. Challenging the amended clause 15(c) of The Tamil Nadu Village Panchayat (Assessment and Collection of Taxes) Rules 1999 vide G.O.Ms.No.38 dated 05.03.2008. The said amended provision was challenged by the petitioner. Thereafter, the petitioner filed the writ petition in W.P.No.21915 of 2009 and the same was dismissed on 30.07.2010.

3. Assailing the dismissal order of the writ petition, the petitioner has filed the writ appeal before the Division Bench of this Court and the same was dismissed. Therefore, in the light of the aforesaid rules are upheld, nothing survives for further adjudication in the writ petition.

4. In view of the above, this writ petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is closed.

s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar kkd To 1.The Secretary to Government, Rural Development and Panchayatraj (PR-1) Department, Fort St.George, Chennai 600 009.

2.The District Collector, Thiruvalluvar District, Thiruvallur.

3.The Asst.Director (Panchayat) Rural Development Department, Thiruvallur.

4.The President, Perumalpattu Panchayat, Perumal pattu Village, 793, Redid Street, Thiruvallur District.

+1 CC to Govt. Pleader sr 80434.

+2 Ccs to Mr.J.Thilagaraj, Advocate sr 79778. +1 CC to Mr.R.Natarajan, Advocate sr 79772.

W.P.No.3526 of 2011 and M.P.No.1 of 2011 RJI(CO) SP(03/01/2019)