IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 28.11.2006 Coram: The Honourable Mr. Justice P.SATHASIVAM and The Honourable Mr. Justice S.TAMILVANAN Writ Petition No.9331 of 2006 and WPMP. No.10330 of 2006 ++++++ T.V.Sathyanarayana, Flat No.E 6, Nandhini Apartments, No.26, Moosa Street, 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 construction of multi storied and I.T.building division at door Nos.85 to 87, N.S.K.Salai, Chennai comprised in T.S.No.133/1, 133/2 part and 133/10 in block No.39, Saligramam Village, Chennai, without insisting on security Deposit of Rs.57,85,000/- for proposed development as contained in the communication dated 31.03.2006 in Lr.No.C3/19297/2005 of the second respondent. - -- - For Petitioner : Mr.R.Mohan For R 1 : Mr.R.Viduthalai, Advocate General for Mr.K.Elango, Spl. G.P. For R 2 : 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 Accordingly permission is granted and the writ petition is dismissed as withdrawn.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 multi storied Building at the appropriate time. No costs. Consequently, WPMP No.10330 of 2006 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.
[PRV/8779]