Madras High CourtWP(MD)/18273/2021withdrawn dismissed

Kongunadu Educational Charitable Trust, v. The Government Of Tamil Nadu

2022-07-12Honourable Mr Justice M. Nirmal Kumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.07.2022

CORAM:

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR and WMP(MD) No.15106 of 2021 Kongunadu Educational Charitable Trust Rep. by its Vice Chairman Namakkal- Thiruchirapalli Main Road, Tholurpatti,Thottiam Taluk, Thiruchirapalli District 621215.

.. Petitioner Vs

1. The Government of Tamil Nadu Rep. by its Secretary Rural Development and Panchayat Raj Department, Fort St.George Chennai- 600 009

2. Tholurpatti Panchayat Rep. by its Secretary Tholurpatti, Thottiam Taluk Thiruchirapalli District 621 215.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records of the respondents relating to the order of the 2nd respondent in R.C. 1/4

B1/4/2020 dated 15.09.2021 and quash the same and forbearing the respondents from levying Surcharge on House Tax as contemplated in Explanation II under Schedule I to Tamil Nadu panchayat Act, 1994 for the buildings of the petitioner educational institutions . For Petitioner : Mr.K.Saravanan For Respondents : Mr.Satheesh No.1 Government Advocate

ORDER

The petitioner has filed this petition seeking to quash the order passed by the Tholurpatti Panchayat proceedings in R.C. B1/4/2020 dated 15.09.2021 for levying Surcharge on House Tax as contemplated in Explanation II under Schedule I to Tamil Nadu panchayat Act, 1994 for the buildings of the petitioner educational institutions

2. At the time of admission on 07.10.2021, this Court has granted interim order for a period of four weeks and thereafter it has been periodically extended. Now the petitioner, on instructions, had made endorsement that he may be permitted to withdraw the writ petition . 2/4

3. Permission granted.

4. In view of the same, the Writ Petition stands dismissed as Withdrawn. No costs. Consequently connected miscellaneous petition is closed. It is made clear that the earlier interim order granted on 07.10.2021 no more exists and the respondent is free to proceed in furtherance to the impugned order.

12.07.2022 Index: Yes/No Internet : Yes/No aav To The Secretary The Government of Tamil Nadu Rural Development and Panchayat Raj Department, Fort St.George Chennai- 600 009 3/4

M.NIRMAL KUMAR, J.

aav and WMP(MD) No.15106 of 2021 12.07.2022 4/4