Writ petition challenging vacancy site tax levy as illegal and unconstitutional before Planning Permission was automatically closed due to averments in counter affidavit, with no costs awarded.
Writ petition and connected miscellaneous petitions are closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.08.2017
CORAM
THE HON'BLE Mr. JUSTICE M.DURAISWAMY
W.P.No.19658 of 2004 and W.M.P.Nos.23622 and 23623 of 2004
S.Udayashankar ... Petitioner
vs.
The Executive Officer, Maraimalai Nagar Town Panchayat Maraimalai Nagar, Kancheepuram District ... Respondent
Petition filed under Article 226 of The Constitution of India praying to issue a writ of declaration declaring that the levy and demand and collection of Vacant Site Tax as condition precedent for grant of Planning Permission/building permit as illegal, ultravires, the provisions of the District Municipalities Act and unconstitutional and consequently direct the respondents to process the application and grant planning permission/building permit without insisting upon the payment of vacant site tax.
For Petitioner : Mr.S.Vijayan For Respondent : Mr.O.Selvam, GA
The learned counsel for the petitioner submitted that nothing survives for adjudication in this writ petition, in view of the averments stated in paragraph No.2 of the counter affidavit.
Sd/-
Assistant Registrar(CS VIII)
//True Copy//
Sub Assistant Registrar
rg
To
The Executive Officer, Maraimalai Nagar Town Panchayat Maraimalai Nagar, Kancheepuram District
+2cc to Mr.D.Selvam, Advocate, S.R.No.61248
W.P.No.19658 of 2004
SR(CO)
GN(08/09/2017 )
1 provisions across 1 enactments
S. Udayashankar
The Executive Officer, Maraimalai Nagar Town Panchayat
M. DURAISWAMY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
