HC disposes of plea against ordinance

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Chennai, Aug 26 (UNI) The Madras High Court on August 25 disposed of a writ petition challenging the constitutional validity of the Tamil Nadu Laws (Special Provisions) Ordinance, 2008.

The petitioner, Citizen Consumer and Civic Action Group, represented by its legal coordinator, M Ramalakshmi, said the ordinance was an attempt at protecting the developers of unauthorised construction from the rule of law and from the implementation of the High Court orders.

It was a follow-up to the Ordinance-1 of 2007, which afforded similar immunity from law to violators till July 25, this year.

The impugned ordinance extended immunity from action for violators of building regulations till July 26, 2009. The writ petition had been filed in public interest in an effort to halt civil degradation and to protect the rule of law.

In its order, the First Bench comprising Chief Justice A K Ganguly and Justice F M Ibrahim Kalifulla said a similar ordinance passed by the State was challenged before the High Court and a Division Bench set it aside. Thereupon, when the ordinance was replaced by an Act, another judgment was passed by the High Court setting it aside on the basis of the same reasoning, which was given while setting aside the ordinance.

Challenging both the judgments, an special leave petition (SLP) had been filed before the Supreme Court.

The Bench said the matter was pending before the Supreme Court.

The parties were at liberty to take steps in the pending proceedings.

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