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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.DHANDAPANI
Lakshmi Machine Works Limited – Appellant
Versus
President / Special Officer Arasur Village Panchayat – Respondent
| Table of Content |
|---|
| 1. summary of writ petitions and the grievance regarding manifold increase in licence fees without notice. (Para 1 , 2 , 3 , 5 , 6) |
| 2. contentions regarding the purpose of licence fees versus revenue generation and the justification for the enhancement. (Para 7 , 8) |
| 3. court's reliance on precedents defining the limits of power for fixing licence fees and the necessity of statutory compliance. (Para 9 , 10 , 11) |
| 4. directives to maintain old rates and comply with statutory procedures for future fee enhancements. (Para 12 , 13) |
ORDER :
M. DHANDAPANI, J.
W.P.Nos.19621, 19623, 19628 of 2021 have been filed seeking issuance of Writ of Certiorari calling for the records of the order dated 01.03.2021 issued by the first respondent based on the Resolution No.22/2020 dated 21.02.2020 of the second respondent and quash the order dated 01.03.2021 issued by the first respondent.
2.W.P.No.22177 of 2021 has been filed seeking issuance of Writ of Certiorari, calling for the records of the order dated 05.03.2021 issued by the first respondent and quash the same.
3.W.P.No.23731 of 2021 has been filed seeking issuance of Writ of Certiorari calling for the records of the order dated 01.03.20
Licence fees imposed by local statutory bodies must be correlated to the cost of services provided and cannot be arbitrarily increased for the sole purpose of revenue generation without following sta....
License fees can be regulatory rather than tied directly to specific services, requiring reasonable correlation with total expenses incurred.
The main legal point established in the judgment is that unless an order passed by a lower court is challenged and quashed, there is no basis for seeking a command to restrain a particular action.
Even Though a faint allegation is made by the petitioner that the quantification in the demand is not proper, it is not supported by any cogent and material evidence, and therefore the Panchayat is e....
Sub-section (2) of section 479 upheld; Commissioner’s power to fix advertisement license fees with Corporation sanction not excessive delegation, as guidelines exist in statute, policy, and democrati....
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