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2000 Supreme(Mad) 1099

K.GOVINDARAJAN
V. Arunshanker – Appellant
Versus
State of Tamil Nadu – Respondent


Advocates Appeared:
Mr.K.M. Vijayan, Senior Counsel for Mr. La Law for Petitioner. Mr.Thamizhmani, Special Government Pleader for Respondent No.1 and Mr.A.L. Somayaji, Senior Counsel for Mr.J. Ravindran for Respondent No. 2.

Judgment :

1. This writ petition is filed seeking to issue a writ of declaration declaring the demolition notice issued by the 2nd respondent dated 12.6.2000 under Section 56(2) and 113(A) of the Town and Country Planning Act, 1971 and the Application, Assessment and Collection of Regularisation Fee (Chennai Metropolitan Area) Rules, 1999 read with Tamil Nadu Ordinance 5 of 2000, dated 23.8.2000 is ultra vires to Articles 213, 243W, 243ZE, 243ZF read with XII Schedule of the Constitution of India amended by Constitution 74th amendment and violative of Article 14 and liable to be quashed for excessive delegation and illegal, defunct and inconsistent with Tamil Nadu Urban Local Bodies Act, 1998 read with Tamil Nadu Urban Local Bodies Rules, 2000.

2. Accordingto the learned Senior Counsel appearing for the petitioner, the impugned notice to demolish the building in question has been issued under Section 56(2) of the Tamil Nadu Town and Country Planning Act, 1971 (hereinafter called the Act 1971) to the petitioner, who is the purchaser of the building in question in 1996. The learned Senior Counsel has submitted that the said notice, after coming into force of the Tamil Nadu Urban Loca

















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