Madras High CourtWP(MD)/10725/2010dismissed

Tamil Nadu Foodgrains v. The Secretary To Government

2021-02-01Honourable Mr Justice G.R.Swaminathan2 pages

1 W.P.(MD)NO.10725 OF 2010 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.02.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.10725 of 2010 and M.P.(MD)No.2 of 2010 Tamil Nadu Foodgrains Marketing Yard Ltd., Having office at, Madurai-Alanganallur Road, Sikkandarchavadi, Madurai - 625 018.

Rep. by its Chairman & Managing Director S.Rethinavelu ... Petitioner Vs.

1. The Secretary to Government of Tamilnadu, Department of Housing and Urban Development, Chennai - 600 009.

2. The Commissioner of Town and Country Planning, No.807, Anna Salai, Chennai - 600 002.

3. The District Collector, Madurai District, Madurai - 20.

4. The Member Secretary, Madurai Local Planning Authority, Office of the Corporation of Madurai, Madurai - 2.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records from the fourth respondent in his proceedings in Na.Ka.No.2256/06 Mathi3 dated 21.05.2010 and quash the same and consequently directing the second respondent to waive the infrastructure and amenities charges imposed upon the petitioner's organization by considering its representation dated 07.07.2010.

For Petitioner : Mr.N.Sathish Babu For Respondents : Mrs.S.Srimathy, Special Government Pleader.

O R D E R

Heard the learned counsel on either side.

2. The petitioner challenges the levy of infrastructure and amenities charges and sought waiver.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

2 W.P.(MD)NO.10725 OF 2010

3. It is well known that the demand for payment of such charges pursuant to TAMIL NADU TOWN AND COUNTRY PLANNING (LEVY OF INFRASTRUCTURE AND AMENITIES CHARGES) RULES, 2008 was sustained by the Hon'ble Division Bench long ago. Therefore, nothing survives for further adjudication in the matter.

4. This writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (RTI Act) // True Copy // / /2021 Sub Assistant Registrar(CS) pmu Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1. The Secretary to Government of Tamilnadu, Department of Housing and Urban Development, Chennai - 600 009.

2. The Commissioner of Town and Country Planning, No.807, Anna Salai, Chennai - 600 002.

3. The District Collector, Madurai District, Madurai - 20.

4. The Member Secretary, Madurai Local Planning Authority, Office of the Corporation of Madurai, Madurai - 2.

+1 CC to M/s.SPL GP ( SR-3045[F] dated 03/02/2021 ) W.P.(MD)No.10725 of 2010 01.02.2021 MJ(CO) KB(09.02.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2