A.Rajendran, v. The Tahsildar,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.12.2016 CORAM :
THE HONOURABLE MR.JUSTICE M.S.RAMESH Writ Petition (MD) No.16967 of 2013 and M.P(MD)No.1 of 2013 A.Rajendran ... Petitioner Vs.
The Tahsildar, Kovilpatti, Thoothukudi District.
... Respondent Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus calling for the records pursuant to the impugned demand notice of the Respondent in Na.Ka.Aa5/1789/2013 dated 23.07.2013 quash the same and consequently directing the Respondent to refix the licensing fee and renew the license for a period of 3 years as per Section 7 of the Tamil Nadu Public Buildings (Licensing ) Act 1965.
For Petitioner : Mr.V.Perumal For Respondent : Mr.Aayiram K.Selvakumar, Government Advocate.
ORDER
The case of the petitioner is that as per Rule 12 of Tamil Nadu Public Buildings (Licensing) Rules 1966, the maximum amount of Rs.50/- can be levied for the buildings whose cost is above Rs.2 lakhs. Therefore, the respondents are not justified in fixing a sum of Rs.5000/- as licence fee which is contrary to Rule 12 of the above said Rules.
2.Learned Government Advocate, on the other hand, would submit that there was an amendment to Rule 12 of the above said Rules and he has also produced a Government Order in G.O.Ms.38, Municipal Administration and Water Supply (MA4) Department, dated 02.02.1999 to that effect. As per the said amendment, the buildings licence fee for community halls has been enhanced to Rs.5,000/-.
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3.Under such circumstances, the ground raised by the learned counsel for the petitioner cannot be sustained. Accordingly, the writ petition is dismissed. No costs. Consequently, M.P(MD)No.1 of 2013 is closed.
Sd/- Assistant Registrar (Crl.Side) /True Copy/ Sub Assistant Registrar sms To The Tahsildar,Kovilpatti, Thoothukudi District.
+1CC to Mr.V.Perumal, Advocate Sr.No.80662 GJM/SKN/23.12.16-2p-3C Writ Petition (MD) No.16967 of 2013 and M.P(MD)No.1 of 2013 14.12.2016 https://hcservices.ecourts.gov.in/hcservices/