IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 02.03.2011 Coram THE HON’BLE MR. JUSTICE VINOD K.SHARMA W.P.No.2310 of 2010 and M.P.Nos.1 and 2 of 2010 Kannagi Nagar Kudisai Pagudi Matru Varia Cable T.V. Operators Welfare Society, Registered No.476/2009 rep. by its Secretary Mr.S.Ramalingam, No.3008, Kannagi Nagar, Thuraipakkam, Chennai-97. ... Petitioner/Petitioner Vs. 1. The Tamil Nadu Slum Clearance Board rep. by its Managing Director, No.5 Kamarajar Salai, Chepauk, Chennai-5. 2. The Executive Engineer, Special Zone, Tamil Nadu Slum Clearance Board, T.Nagar, Chennai-17. ... Respondents/Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records of the proceedings in Na.Ka.B5/23346/2009 dated 6.1.2010 on the file of the Managing Director, Tamil Nadu Slum Clearance Board, Chepauk, Chennai, quash the same and direct the respondents to forbear from demanding and collecting any charges over and above the charges demanded and collected till 31.12.2009. For Petitioner : Mr.R.Subramaniam For Respondents : Mr.S.Ramaswamy, Additional Advocate General for Mr.Jai Venkatesh ORDER The petitioner has approached this Court, with a prayer for issuance of a writ in the nature of Certiorari, for quashing the order dated 6.1.2010 passed by the Managing Director, Tamil Nadu Slum Clearance Board, Chepauk. https://hcservices.ecourts.gov.in/hcservices/ 2. The translated copy of the order reads as under: "Na.Lr.No.B5/23346/09 Dated 06.01.10 To Thiru S.Ramalingam (Secretary), Kannagi Nagar Cable T.V. Operators Welfare Sangam, No.3008 Kannagi Nagar, Thuraipakkam, Chennai-97. Sir, Sub : Slum Clearance Board- Cable T.V. Connection -enhancement in the rate – reg. Ref : Kannaki Nagar Cable Nagar Cable T.V. Operators Welfare Sangam letter dated 10.12.2009. *** The Board in its resolution No.418, dated 04.06.2008 resolved to enhance the license fee from Rs.10/- to Rs.20/-. Since the petitioner's plea to reconsider this enhancement was not feasible. Sd/- For Managing Director" 3. The petitioner is a registered society of Cable T.V. Operators. The pleaded case of the petitioner Society, is that there are 5000 tenements at Kannagi Nagar, Thuraipakkam, Chennai- 97 under the Tamil Nadu Slum Clearance Board, which have been rented out to the occupants, on lease. The open area is also used by the Tamil Nadu Slum Clearance Board, for commercial purposes, by renting it out for advertisement, shops etc. The members of the petitioner Association are providing service of Cable T.V., to the residents of these tenements. 4. The case of the petitioner is that the Slum Clearance Board passed a resolution dated 24.6.2002, for collecting a fee of Rs.10.50 paise per month per connection, from the Cable T.V.Operators. The resolution was reconsidered, and changes were made for collection of fee under One Time Licence Fee Payment System. The respondent Board decided to fix the One Time Licence Fee, and issued the following One Time Licence Fee for different categories : a. Tenemental/Plot Schemes having tenements/Plots upto 200 numbers (Category-A): b. Tenemental/Plot Schemes having tenements/Plots from 200 to 500 (Category-B); c. Tenemental/Plot Schemes having tenements/Plots from 500 to 1000 (Category-C); and d. Tenements/Plot Schemes having tenements/Plots above 1000 (Category-D). According to the scheme, licence fee was collected https://hcservices.ecourts.gov.in/hcservices/ from the Association Members/Cable TV Operators, up to 31.12.2009." 5. It was in the year 2009 that the members of the petitioner Association, were informed that the charges of licence fee would be at the rate of Rs.20/- per connection from January, 2010. Aggrieved by it, the petitioner filed a representation dated 10.12.2009 against the proposed enhancement, vide impugned order referred to above. The representation made by the petitioner stands rejected. 6. The petitioner has challenged the impugned order fixing licence fee at the rate of Rs.20/- per T.V. connection for tenements on the ground that the order, is without jurisdiction, illegal and invalid. 7. The case of the petitioner is that for the facilities provided in the open area, the Corporation is collecting the requisite fee and taxes, whereas the Slum Clearance Board has no jurisdiction to claim any fee. The Board also does not provide any services to the petitioner, to claim the licence fee. 8. The contention of the learned Counsel for the petitioner, is that fee or tax cannot be collected by authority in the absence of any provisions in this regard. 9. There is force in the contention of the learned Counsel for the petitioner. The Tamil Nadu Slum Areas (Improvement and Clearance) Act, 1971, under which the Tamil Nadu Slum Clearance Board is constituted, does not authorise the Board to impose any tax or fee. 10. In the absence of authority of law, it is not open to the respondent Board, to prescribe fee, to be collected from the persons. The Board can only recover rent and other charges from the occupants under the allotment letter or contract entered into between the parties. The impugned order on the face of it, is without jurisdiction. The impugned order is quashed, by accepting the writ petition. 11. No costs. Consequently, connected Miscellaneous Petitions are closed. tsi Sd/- Asst. Registrar //True Copy// Sub Asst. Registrar https://hcservices.ecourts.gov.in/hcservices/ To 1. The Managing Director, Tamil Nadu Slum Clearance Board No.5 Kamarajar Salai, Chepauk, Chennai-5. 2. The Executive Engineer, Special Zone, Tamil Nadu Slum Clearance Board, T.Nagar, Chennai-17. + 1 cc to Mr. L. Jaivenkatesh, Advocate SR No.16049 BS(CO) SR/24.3.2011 W.P.No.2310 of 2010 https://hcservices.ecourts.gov.in/hcservices/