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.16680 of 2005 ********* Shyam G.Duseja ..Petitioner Vs. 1. The State of Tamil Nadu, rep. by its Secretary to Government, Housing & Urban Development Department, 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 BF + Stilt(part) + GF(part) + 8 floors at New Door No.2, 18/1&2 (Old No.16), Mc.Nichols Road, Chetpet, Chennai comprised in R.S.No.362/1&7 Block No.21 of Office Building without insisting on security deposit of Rs.7,33,000/- as contained in the communication dated 09.05.2005 in Lr.No.C3/38401/2004 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 Accordingly permission is granted and the writ petition is dismissed as withdrawn.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.
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.