S.S.Ads, v. The Secretary To Govt. Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.03.2021 CORAM :

THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.NOS.35658, 35659 & 35661 OF 2019 S.S.Ads rep. by its Proprietor Y.Sikkandar No.537/1059, S.V.P. Nagar P.H.Road, Arumbakkam Chennai 600 106.

... Petitioner in all W.Ps.

Vs.

1.

The Secretary to Government of Tamil Nadu Law Department, Fort St. George Chennai 600 009.

2.

The District Collector Office of the District Collectorate Chennai District Chennai.

3.

The Commissioner Greater Chennai Corporation Rippon Buildings Chennai 600 002.

...Respondents 1-3 in all W.Ps.

4.

The Zonal Officer Zonal Office, Koyambedu Chennai Corporation, Zone 10 Chennai.

.. Respondent-4 in WP No.35658/19 5.

The Zonal Officer Zonal Office, Aminjikarai Chennai Corporation, Zone 8 Chennai.

.. Respondent-4 in WP Nos.35659 & 35661/19

Prayer:

Petitions under Article 226 of the Constitution of India praying for a writ of Declaration to declare the Act No.40 of 2018 viz. The Tamil Nadu Municipal Laws (Fifth Amendment Act), 2018 promulgated by the first respondent vide notification dated 16.7.2018 published in the Tamil Nadu Government Gazette Extraordinary issue No.252, as void, as discriminatory, ultra vires and unconstitutional.

For Petitioner : Mr.Manoj Kumar For Mr.R.Vijaya Kumar For Respondents : Mr.G.K.Muthukumar Special Govt. Pleader for respondents 1 & 2 Mr.Raja Shrinivas for respondents 3 & 4

ORDER

(Made by the Hon'ble Chief Justice) It is the uniform submission on behalf of the appearing parties, including the petitioner herein, that the subject matter of these petitions have been dealt with in a judgment rendered on March 11, 2020 in a batch of writ petitions that was taken up for hearing together.

2. It appears that these three petitions, though contemporaneously filed, were accidentally not included in the batch.

3. Both the Chennai Municipal Corporation and the official respondents are represented.

4. W.P.Nos.35658, 35659 and 35661 of 2019 are disposed of in terms of the judgment and order dated March 11, 2020 rendered on a batch of petitions headed by W.P.No.6913 of 2020 (Chennai Hoardings Association v. The Secretary to the Government of Tamil Nadu).

5. The same order will hold good in these three petitions. There will be no order as to costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar kpl

To

1. The Secretary to Government of Tamil Nadu Law Department Fort St. George, Chennai 600 009.

2. The District Collector Office of the District Collectorate Chennai District, Chennai.

3. The Commissioner Greater Chennai Corporation Rippon Buildings Chennai 600 002.

4. The Zonal Officer Zonal Office, Koyambedu Chennai Corporation, Zone 10 Chennai.

5. The Zonal Officer Zonal Office, Aminjikarai Chennai Corporation, Zone 8 Chennai.

+1cc to Mr.Raja Shrinivas, Advocate, S.R.No.15446 +1cc to the Government Pleader, S.R.No. 19916 W.P.Nos.35658, 35659 & 35661 of 2019 SKY(CO) CS/09/04/2021