Madras High Court
WP/12556/2003 of TMT.N.SAVITHRI Vs THE STATE OF TN, REP BY ITS on 22 December 2006
Court of Judicature at Madras Dated: 22.12.2006 Coram: The
In the High Court of Judicature at Madras Dated: 22.12.2006
Coram:
The Honourable Mr.Justice P.SATHASIVAMandThe Honourable Mr.Justice S.TAMILVANAN
Writ Petition No.12556 of 2003and WPMP.No.15751 of 2003
N. Savithri
..Petitioner
..vs..
1. State of Tamil Nadu, rep.by the Secretary to Government Housing & Urban Development Department, Secretariat, Fort St.George, Chennai-600 009.
2. The Member Secretary, Chennai Metropolitan Development Authority, No.8, Gandhi Irwin Road, Egmore, Chennai-600 008. Chennai Metropolitan Development Authority, No.8, Gandhi Irwin Road, Egmore, Chennai-600 008.
..Respondents
Writ petition filed under Article 226 of the Constitution of India,praying for issuance of a writ of Declaration to declare that theprovisions contained in B III of Rule 19 of Development Control Rules toTamilnadu Town & Country Planning Act are ultra virus, unconstitutional,Arbitrary and colourable exercise of power and forbear the secondrespondent from insisting on the payment of security deposit for puttingup any construction which are not recognised in law in so far as thepetitioner is concerned as stated therein.
For Petitioner : Mr.S. SundaresanFor Respondents : Mr.K. Elango, Spl.G.P. for R1
Mr.J.Ravindran for R2
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ORDER
(Order of the Court was made by P.SATHASIVAM,J.)
Learned counsel for the petitioner seeks permission to withdraw theabove writ petition. He also made an endorsement to that effect in thewrit petition. Accordingly, permission is granted and the writ petitionis dismissed as withdrawn. However, it is made clear that the petitioneris free to challenge the provisions contained in Rule 19(b)(III)-(B) ofthe Development Control Rules, if need arises, at the appropriate time. Nocosts. Consequently, connected WPMP., is closed.
gl
Sd/-
Assistant Registrar
/true copy/
To
Sub Assistant Registrar.
1. The Secretary to Government, Housing & Urban Development Department, Chennai-600 009.
2. The Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natarajan Building, No.1, Gandhi Irwin Road, Chennai-600 008.
+ One cc to Govt Pleader sR 65182
+ One cc to J. Ravindran Advocate SR 64921.
KG (co)sg 10/01/07
Writ Petition No.12556/03