K.L.N. College Of Engineering v. State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.04.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD K.L.N.College of Engineering, Sponsored by KLN Sourashtra College of Engineering Council, rep. by its Secretary S.V.S.Shivnath, 69, South Veli Street, Madurai-625 001.

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

2.The Director of Rural Development, Government of Tamil Nadu, Panagal Building, Saidapet, Chennai-600 015.

3.The President, Pottapalayam Village Panchayat, Thirubhuvanam Union, Pottapalayam, Sivaganga District.

.. Respondents

Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of declaration declaring the provisions of Rule 15(C) of the Tamil Nadu Village Panchayats (Assessment and Collection of Taxes) Rules, 1999 as amended by G.O.Ms.38, Rural Development and Panchayat Raj (PR-1) Department, dated 5.3.2008, published in the Tamilnadu Government Gazette No.69, dated 5.3.2008 and consequently to quash the demand notice issued to the petitioner on 4.1.2011 for the Assessment No.1 to 17 issued by the third respondent as void, unlawful, ultra vires, unconstitutional in respect of the buildings used for minority educational purposes by the petitioner is concerned.

For the Petitioner : No appearance For the Respondents : Mr.Habeeb Rehman Government Advocate for respondents 1 and 2

ORDER

(Order of the court was made by the Hon'ble Chief Justice) None appears for the petitioner when the matter is called out.

2. Learned Government Advocate submits that the issue involved in the present writ petition is already covered by the

decision of a Full Bench of this Court in the case of the President, K.Vellakulam Panchayat, Kallikudi Chatram, Madurai District v. Kamaraj College of Engineering and Technology Managing Board, rep. by its Secretary S.P.G.C.Srimurugan, Post Box No.120, Virudhunagar, reported in 2009-5-L.W. 193.

3. In the light of that, the writ petition is dismissed. There shall be no order as to costs. Consequently, M.P.Nos.1 and 2 of 2011 are closed.

(S.V.G., CJ.) (J.S.N.P., J.) 04.04.2024 Index :

Yes/No Yes/No bbr To 1.The Secretary to Government, State of Tamil Nadu, Rural Development and Panchayat Raj (PR-1) Department, Fort St. George, Chennai-600 009.

2.The Director of Rural Development, Government of Tamil Nadu, Panagal Building, Saidapet, Chennai-600 015.

THE HON'BLE CHIEF JUSTICE AND J.SATHYA NARAYANA PRASAD,J.

bbr 04.04.2024