Cosmo Foundation Limited vs The State Of Tamil Nadu on 28 November, 2006

       

  

  

 
 
 IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated:- 28.11.2006

Coram:-

The Honble Mr. Justice P.SATHASIVAM
and
The Honble Mr. Justice S.TAMILVANAN


Writ Petition No.26933  of 2005
AND
WPMP No.29356 of 2005


Cosmo Foundation Limited,
though its Director Vimalamma,
No.11, Dr.Thomas Road,
T.Nagar, Chennai-17.						.. Petitioner 

	
					Vs.

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

2. The   Chennai Metropolitan Development Authority,
   rep., by its Member Secretary,
   No.1, Gandhi Irwin Road,  
   Egmore, Chennai-600 008. 					.. Respondents


	Writ Petition  filed under Article 226 of the Constitution of India  for issuance of a writ of   Declaration  to declare that the provisions  of Rule 19(b) (III-B) of  the Development Control Rules and Rule 13 of the Special Rules for multistoried  Building as ultra vires, illegal,  unconstitutional and unenforceable in so far as it relates to levy and collection of Security Deposit for proposed  Development and  consequently, direct the respondents to issue planning permission for proposed development of  Stilt + 4 floors  at old Door No.510, new door No,6, Mint Street comprised in R.S.No.602, Block No.7, George Town, Chennai, without insisting  on security deposit of Rs.1,80,000/- for proposed development as contained in the communication dated 24.06.2005 in Lr.No.B3/6186/2005 of the second respondent.


	For Petitioner		:  Mr.R.Mohan

	For  1st  Respondent	:  Mr.R.Viduthalai
				   Advocate General for
		                   Mr.K.Elango, Spl. G.P.,

	For 2nd respondent      :  Mr.J.Ravindran for CMDA.,	
	  


ORDER 

(Order of the Court was delivered by P.SATHASIVAM, J.)

Learned counsel appearing for the petitioner seeks permission to withdraw the above writ petition and has also made an endorsement to that effect. Accordingly permission is granted and the writ petition is dismissed as withdrawn. It is made clear that if need arises, the petitioner is permitted to challenge the provisions of Rule 19(b) (III-B) of the Development Control Rules and Rule 13 of the Special Rules for multistoried Building at the appropriate time. No costs. Consequently, WPMP No.29356 of 2005 is also dismissed.

To

1.The Secretary to Government,
State of Tamil Nadu,
Housing & Urban Development Department,
Chennai-600 009.

2.The Member Secretary,
Chennai Metropolitan Development Authority,
Thalamuthu Natarajan Building,
No.8, Gandhi Irwin Road,
Chennai-600 008.