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.34340 of 2005 and WPMP No.37234 of 2006 G.Jawahar .. 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 for Chennai Metropolitan Area and also Rule 7 of the Rules for Information Technology park contained in Annexure XV of the Development Control Rules, as ultra vires the Tamil Nadu Town and Country Planning Act, 1971, illegal, unconstitutional and unenforceable inasmuch as it relates to the demand of Security Deposit and caution deposit for the proposed development in so far as the petitioner is concerned and consequently, direct the second respondent to issue planning permission on the application of the petitioner without insisting on payment of a total sum of Rs.2,56,000/- as security deposit (Rs.2,06,000/- for the proposed development + Rs.50,000/- for the septic tank with upflow filter) and a sum of Rs.36,25,000/- towards caution deposit in terms of letter No.C3/5176/2005 dated 20.10.2005 on the file 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 Accordingly permission is granted and the writ petition is dismissed as withdrawn.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 for Chennai Metropolitan Area and also Rule 7 of the Rules for Information Technology Park contained in Annexure XV of Development Control Rules at the appropriate time. No costs. Consequently, WPMP No.37234 of 2005 is also dismissed.
raa
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.