Chinnai Yellamanda Chetty … vs The State Of Tamil Nadu on 11 April, 2007

       

  

  

 
 
 In the High Court of Judicature at Madras

Dated:  11.04.2007

Coram:

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


Writ Petition No.14526 of 2006



1.Chinnai Yellamanda Chetty Anjaneyalu
   Chetty Charities, rep. by its 
   Managing Trustee C.Nagarajan,
   No.156, Rassappa Chetty Street,
   Chennai-600 001.
2.C.Subang
3.Sindhuri
4.C.Sadvi
5.A.Swarupini
6.N.Sugandhi
7.S.Nagamani
8.N.Manjari
9.C.Chandan						.. Petitioners


				..vs..


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

2. The Member Secretary,
   Chennai Metropolitan
   Development Authority,
  Thalamuthu Natarajan Building,
   8, Gandhi Irwin Road,
   Chennai-600 008.	

3.The Managing Director,
   Chennai Metropolitan Water Supply
   & Sewerage Board,
   Chennai-2.						.. Respondents


	Writ petition filed under Article 226 of the Constitution of India, praying for issuance of a writ of Certiorarified Mandamus   to call for the records of the second respondent in its letter dated 09.05.2006 bearing No.BC1/14256/2005 and quash the said proceedings so far as it imposes the condition to remit a sum of Rs.4,20,000/- as security deposit and Rs.5,37,000/- as Water supply & Sewerage Infrastructure Improvement charges as condition precedent for the issuance of planning permission for the proposed construction of 2 blocks of Stilt + 4 floors, residential buildings with 64 dwelling  units at old No.72, New No.95, Mc Nichols  Road, Chetpet, Chennai-31 in R.S.No.381/1,  and 381/6, Block No.24 of Egmore Village and consequently, direct the second respondent to grant planning permission  without insisting on the payment of the same.

		For Petitioner       :  Mr. A.R.Karunakaran
		For 2nd Respondent   :  Mr.J.Ravindran 
		For respondents 1 &3 :  Mr.K.Elango, 
					Spl. Govt. Pleader


ORDER

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

Learned counsel for the petitioner seeks permission to withdraw the above writ petition. He also made an endorsement to that effect in the writ petition.

2. Accordingly, permission is granted and the writ petition is dismissed as withdrawn. However, it is made clear that the petitioner is free to challenge the provisions contained in Rule 19(b)(III)-(B) of the Development Control Rules, if need arises, at the appropriate time. No costs.

raa

To

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

2. The Member Secretary,
Chennai Metropolitan
Development Authority,
Thalamuthu Natarajan Building,
8, Gandhi Irwin Road,
Chennai-600 008.

3.The Managing Director,
Chennai Metropolitan Water Supply
& Sewerage Board,
Chennai-2.