Arulmighu Kalasalingam v. The State Of Tamilnadu
In the High Court of Judicature at Madras Dated : 21.7.2016 Coram :
The Honourable Mr.Justice T.S.SIVAGNANAM Writ Petition Nos.19782 to 19787 of 2013 & Miscellaneous Petition No.1 & 2 of 2013 Arulmigu Kalasalingam College of Arts & Science, rep.by its Chairman T.Kalasalingam
...Petitioner in WP.19782/13
Arulmigu Kalasalingam Teacher Training Institute, rep.by its Chairman T.Kalasalingam
...Petitioner in WP.19783/13
Arulmigu Kalasalingam Industrial Training Institute, rep.by its Chairman T.Kalasalingam
...Petitioner in WP.19784/13
Arulmigu Kalasalingam Polytechnic College, rep.by its Chairman T.Kalasalingam
...Petitioner in WP.19785/13
Kalasalingam Institute of Technology, rep.by its Chairman T.Kalasalingam
...Petitioner in WP.19786/13
Arulmigu Kalasalingam College of Pharmacy, rep.by its Chairman T.Kalasalingam
...Petitioner in WP.19787/13
Vs 1.The State of Tamil Nadu, rep.by its Secretary, Rural Development & Panchayat Raj Department, Fort.St.George, Chennai-9.
2.The Director of Rural Development & Panchayat Raj, Panagal Building, Saidapet, Chennai-15.
3.Rengappa Naickerpatty Panchayat, rep.by its President Rengappa Naickerpatty, Virudhunagar District. ...Respondents in all WP's
PETITIONS under Article 226 of The Constitution of India praying for the issuance of Writs of Certiorari to call for the records relating to the order of the 1st respondent dated 5.3.2008 in G.O.Ms.No.38 Rural Development and Panchayat Raj (PR1) Department and the consequential order of the 3rd respondent dated Nil for the assessment years 2008-2009, 2009-2010, 2010-2011, 2011-2012 and 20122013 and quash the same. For Petitioner in all WPs :
Mr.K.Selvaraj For Respondents in all WPs :
Mr.S.Diwakar, Special Government Pleader.
COMMON ORDER The petitioners challenged the Government Order in G.O.Ms.No.38 Rural Development and Panchayat Raj (PR1) Department dated 5.3.2008 with regard to levy of property tax on educational institutions.
2. Though the writ petitions were filed in the year 2013, no interim order was granted. In the light of the subsequent developments, which have taken place wherein similar writ petitions were dismissed, appeals were entertained, interim orders were granted and certain matters are also pending before the Hon'ble Supreme Court, these writ petitions are closed leaving it open to the petitioners to work out their remedies in a manner known to law. No costs. Consequently, all connected pending MPs are also closed.
3. It is submitted by the learned counsel for the petitioners that the Hon'ble Supreme Court has stated that they can pay tax and thereafter contest the scope of the amendment.
4. If that is so, it is always open to the petitioners to seek appropriate directions in this regard.
Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 1.The Secretary, Rural Development & Panchayat Raj Department, Fort.St.George, Chennai-9.
2.The Director of Rural Development & Panchayat Raj, Panagal Building, Saidapet, Chennai-15.
3.The President, Rengappa Rengappa Naickerpatty Panchayat, Naickerpatty, Virudhunagar District.
+1 cc to Mr.S.Diwakar, advocate,sr.41631 +1 cc to Govt.Pleader,sr.41720.
gj(co) krd 4/8 WP.Nos.19782 to 19787/2013 and all connected pending MPs