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Madras High CourtWP/8199/2011disposed of

Vivekananda Higher Secondary v. The State Of Tamilnadu

2024-04-05Honourable The Chief Justice,Honourable Mr Justice J.Sathya Narayana Prasad4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.04.2024

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD VIVEKANANDA NURSERY AND PRIMARY SCHOOL REP BY ITS CORRESPONDENT SUBRAMANIAM : Petitioner Vs 1.THE STATE OF TAMILNADU REP BY ITS SECRETARY TO GOVERNMENT RURAL DEVELOPMENT AND PANCHAYAT RAJ (PR-1) DEPT. FORT ST.GEORGE CHENNAI 9 2.THE DIRECTOR OF RURAL DEVELOPMENT GOVERNMENT OF TAMILNADU CHENNAI 15 3.THE PRESIDENT KOPANAMPALAYAM PANCHAYAT BOARD NAMAKKAL DISTRICT : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for 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.No.38 Rural Development and Panchayat Raj (PR1-) Department dated 05.03.2008 published in Tamil Nadu Government Gazette Issue No.69 dated 05.03.2008 as void unlawful ultravires and unconstitutional in respect of the buildings used for Educational purposes by the Petitioner is concerned.

For Petitioner :

No appearance For Respondents :

Mr.A.Anandan, Government Advocate

ORDER

(Made by the Hon'ble Chief Justice) None appears for the petitioner.

2. Mr.A.Anandan, learned Government Advocate, submits that the issue involved in this petition is covered by the judgment of a Full Bench of this Court in the case of President, K.Vellakulam Panchayat vs. Kamaraj College of Engineering and Technology, Managing Board, [2009(5) LW 193].

3. In view of the same, the writ petition stands disposed of. There shall be no order as to costs. Consequently, MP Nos.1 and 2 of 2011 are closed.

(S.V.G., CJ.) (J.S.N.P., J.) 05.04.2024 Index : Yes/No : Yes/No tar

To 1.THE SECRETARY TO GOVERNMENT RURAL DEVELOPMENT AND PANCHAYAT RAJ (PR-1) DEPT. FORT ST.GEORGE CHENNAI 9 2.THE DIRECTOR OF RURAL DEVELOPMENT GOVERNMENT OF TAMILNADU CHENNAI 15 3.THE PRESIDENT KOPANAMPALAYAM PANCHAYAT BOARD NAMAKKAL DISTRICT

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

(tar) 05.04.2024