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Tamilnadu Cable T V Operators Welfare Association vs State Of Tamilnadu And Others

Madras High Court|27 January, 2017
|

JUDGMENT / ORDER

THE HONOURABLE DR. JUSTICE ANITA SUMANTH
W.P.No.41291 of 2002 Tamilnadu Cable T.V.Operators Welfare Association, Thiruvannamalai District Wing, repreented by its President Mr.V.L.Tamilselvan, No.74, Bala Udayar Street, Vandavasi 604 408, Thiruvannamalai district .. Petitioner Vs
1. State of Tamilnadu, represented by its Secretary, Municipal Administration and Water Supply Department, Fort St. George, Chennai - 7
2. State of Tamilnadu, represented by its Secretary, Rural Development and Local Administration Department, Fort St. George, Chennai.
3. District Collector, Thiruvannamalai, Thiruvannamalai District.
4. Assistant Director, Town Panchayats, Thiruvannamalai and Vellore Panchayats Division, Vellore, Vellore District .. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of declaration, declaring the Tamil Nadu Entertainments Tax (Levy and Collection of Tax for connection of the Television Exhibition) Rules, 2000 framed by the 2nd respondent published in Tamilnadu Government Gazette and notified in G.O.Ms.No.267 Rural Development dated 29.9.2000 as ultravires, illegal and invalid so far as the petitioner is concerned and directing the Respondents herein to issue appropriate directions to the Commissioner/Executive Authorities of the Municipalities and Village Panchayats to exercise their powers only in accordance with the law.
Petitioner : Mr. S.Thirunavukkarasu Respondents : Mrs.Vasudha Thiagarajan ORDER The petitioner prays for a declaration to declare the Tamilnadu Entertainments Tax (Levy and Collection of Tax for connection of the Television Exhibition) Rules, 2000, notified in G.O.Ms.No.267 Rural Development dated 29.9.2000 as ultravires and invalid.
2. Mr. S.Thirunavukkarasu, learned counsel for the petitioner would submit that the impugned Rules have since been rescinded vide G.O.Ms.No.43 Municipal Administration and Water Supply (Elec.) dated 3rd June 2003 and as such nothing survives in the Writ Petition.
3. In view of the submission made, this Writ Petition is dismissed as infructuous. No costs. Consequently, connected W.P.M.P.No.5632 of 2005 is closed.
27.01.2017
Index: Yes/No msr To
1. The Secretary, Municipal Administration and Water Supply Department, Fort St. George, Chennai - 7
2. The Secretary, Rural Development and Local Administration Department, Fort St. George, Chennai.
3. The District Collector, Thiruvannamalai, Thiruvannamalai District.
4. The Assistant Director, Town Panchayats, Thiruvannamalai and Vellore Panchayats Division, Vellore, Vellore District.
DR. ANITA SUMANTH, J.
msr W.P.No.41291 of 2002 27.01.2017
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Title

Tamilnadu Cable T V Operators Welfare Association vs State Of Tamilnadu And Others

Court

Madras High Court

JudgmentDate
27 January, 2017
Judges
  • Anita Sumanth