Billgate Teacher Training v. The State Of Tamilnadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.04.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD Billgate Teacher Training Institute, Run by Sri Venkateswara Educational Trust, rep. by its Chairman and Correspondent, Gengavaram, Kanakkankuppum P.O., Gingee Taluk, Villupuram.

.. Petitioner Vs 1.The 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 Block Development Officer (Village Panchayats) Gingee Panchayat Union Office, Gingee, Villupuram District.

3.Gengavaram Village Panchayat, rep. by its President, Kanakankuppam Post, Gingee Taluk, Villupuram District.

.. Respondents

Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of declaration declaring the provision 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 Tamil Nadu Government Gazette Issue No.69, dated 5.3.2008 as void, unlawful, ultra vires and unconstitutional in respect of the buildings used for educational purposes by the petitioner concerned. For the Petitioner : S.Udayakumar For the Respondents : Mr.C.Kathiravan Spl. Government Pleader for respondent No.1 : Mr.P.Harish Government Advocate for respondent No.2

ORDER

(Order of the court was made by the Hon'ble Chief Justice) Heard Mr.S.Udayakumar, learned counsel for the petitioner; Mr.C.Kathiravan, learned Special Government Pleader for the first respondent; and, Mr.P.Harish, learned Government Advocate for the second respondent.

2. In fact, 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 disposed of. There shall be no order as to costs. Consequently, M.P.No.1 of 2011 is closed.

(S.V.G., CJ.) (J.S.N.P., J.) 18.04.2024 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 Block Development Officer (Village Panchayats) Gingee Panchayat Union Office, Gingee, Villupuram District.

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

bbr 18.04.2024