In The High Court Of Judicature At Madras

Dated : 23.8.2006

C O R A M :

The Honourable Mr.A.P.Shah, The Chief Justice
And
The Honourable Mr.Justice K.Chandru

W.P.Nos.18898 of 2000, 19998 of 2001,
24316 of 2002 and 17646 of 2006
&
W.M.P.Nos.27383 and 27384 of 2000,
29477 and 29478 of 2001, 33424 and
33425 of 2002 and MP.Nos.1, 2 and 3 of 2006

W.P.NOs.18898 of 2000, 19998 of 2001
and 24316 of 2002:

Consumer Action Group rep.by its
Trustee Tara Murali,
No.7, 4th Street, Venkateswara Nagar,
Adyar, Chennai-600 020.						... Appellant
 
			-vs-

1. The State of Tamil Nadu rep.by its
    Secretary to Government,
    Law Department, Fort St.George, Chennai-600 009.

2. The State of Tamil Nadu rep.by its
    Secretary to Government,
    Housing and Urban Development
    Department, Fort St.George, Chennai-600 009.

3. The Chennai Metropolitan Development
    Authority, rep.by its Member-Secretary,
    Thalamuthu Natarajan Malegai,
    Egmore, Chennai-600 008.			...Respondents 										    


 Wp.17646 Of 2006:


K.R.Ramaswamy @ Traffic Ramaswamy		 	    ... Petitioner 

	-vs-

1.   State rep.by the Secretary,
      Municipal Administration,
      Government of Tamil Nadu, 
      Secretariat, Chennai-600 009.

2.   The Member Secretary,
      Chennai Metropolitan Development
      Authority, Gandhi Irwin Road,
      Egmore, Chennai-600 008.

3.   The Commissioner,
      Corporation of Chennai,
      Ripon Building,
      Chennai-600 003.

4.   The Commissioner of Police,
      Greater Chennai City,
      Egmore, Chennai-8.

5.    The Chairman,
       Tamil Nadu Electricity Board,
       800, Anna Salai, Chennai-2.

6.    The Chairman,
       Chennai Metropolitan Water supply
       and sewerage Board, Pumping 
       Station Road, Chennai-2.		            ... Respondents
       (Respondents 5 and 6 impleaded 
        suo motu as per the order of
        this court, dated 21.7.2006)



	Prayer  in Wp.18898 of 2000: Petition filed under Article 226 of the Constitution of India praying for the issue of a writ of declaration declaring (a) Section 113-A of the Tamil Nadu Town and Country Planning Act,1971 as amended by the Tamil Nadu Town and Country Planning Amendment Ordinance, 2000 (Ordinance 7 of 2000) ultra vires Articles 14 and 21 of the Constitution of India; and (b) The provisions of the Application, Assessment and Collection of Regularisation Fee (Chennai Metropolitan Area) Rules, 1999 as ultra vires Articles 14 and 21 of the Constitution of India; and pass such further orders.

	Prayer in Wp.19998 of 2001: Petition filed under Article 226 of the Constitution praying for the issuance of a writ of declaration declaring (a) Section 113-A of the Tamil Nadu Town and Country Planning Act, 1971 as amended by the Tamil Nadu Town and Country Planning Amendment Ordinance, 2001 (Ordinance 5 of 2001) ultra vires Articles 14 and 21 of the Constitution of India and (b) The provisions of the Application, Assessment and Collection of Regularisation Fee (Chennai Metropolitan Area) Rules, 1999 as ultra vires Articles 14 and 21 of the Constitution of India; and pass such further orders.
 
	Prayer in Wp.24316 of 2002: Petition filed under Article 226 of the Constitution praying for the issuance of a writ of declaration declaring (a) Section 113-A of the Tamil Nadu Town and Country Planning Act, 1971 as amended by the Tamil Nadu Town and Country Planning Amendment Act, 2002 (Act 7 of 2002) ultra vires Articles 14 and 21 of the Constitution of India and (b) The provisions of the Application, Assessment and Collection of Regularisation Fee (Chennai Metropolitan Area) Rules, 1999 as ultra vires Articles 14 and 21 of the Constitution of India; and pass such further orders.

	Prayer In Wp.17646 Of 2006 : Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing respondents 2, 3 and 4 to enforce the provisions on the Tamil Nadu Multi-storeyed Building Act and Rules, 1973 and City Municipal Act, 1919 in respect of building in the city of Chennai to ensure the public safety and effective free flow of Traffic and pass such further orders.

For petitioner  in Wp.
Nos.18898 of 2000,
9998 of 2001 and 
24316 of 2002		::  Mr. Sriram Panchu, Sc for
				    Mr.T.Mohan

For petitioner in Wp.
No.17646 of 2006		::  Mr.Elephant G.Rajendran

For respondents		::  Mr.R.Viduthalai, Advocate General
			  	    assisted by Mr.Raja Kalifulla, Gp
				    for State 
        			    assisted by Mr.J.Ravindran,
				    for Cmda, Tneb and Cmwssb
				    assisted by Mr.L.N.Praghasham,
				    for Chennai Corporation. 


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Common Order