THENKUMARI EDUCATIONAL SOCIETY Vs. PRINCIPAL SECRETARY TO GOVERNMENT, HOUSING AND URBAN DEVELOPMENT (UD 4(I)) DEPARTMENT

JUDGEMENT

(1.) The petitioner is an educational agency. In this Writ petition he has challenged an order passed by the 3rd respondent namely, the Local Planning Authority, Nagercoil in demanding a sum of Rs. 2,86,375/- being the balance amount payable in terms of the infrastructure development charges levied under the provisions of the Town and Country Planning Act under Section 56 as amended by the Amendment Act 2008. It was stated that if the amount is not paid, the premises will be sealed.

(2.) The contention of the petitioner was that the order was illegal and it is erroneous interpretation of the Government orders. It is also passed without application of mind. Similar contentions raised by various other educational agencies including real estate promoters and business houses came to be dismissed in a batch of Writ petitions by this Court vide judgment in W.P.No.21402 of 2008 etc. batch case dated 30.06.2011 (Sundaram Auto Components Limited and others Vs. State of Tamil Nadu and others). A subsequent appeal was also rejected by the Division Bench.

(3.) Rule 10 provides for appeal. The said rules reads as follows: