Madras High Court
WP/9218/2001 of M.HARIHARAN Vs S/TN REP. BY SECY TO GOVT. 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.9218 of 2001and WPMP.No.13094 of 2001
M.Hariharan
..Petitioner
..vs..
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1. State of Tamil Nadu, rep.by the Secretary to Government Housing & Urban Development Department, Fort St.George, Chennai-600 009.
2. Chennai Metropolitan Development Authority by its Member Secretary, No.8, Gandhi Irwin Salai, Egmore, Chennai-600 008.
..Respondents
Writ petition filed under Article 226 of the Constitution ofIndia, praying for issuance of a writ of Declaration, declaring thatthe provisions of Rule 19(b)(III)(B) of the Development Control Rulesand Rule 13 of the Special Rules for Multi-storied Building as ultravires, illegal, unconstitutional and unenforceable in so far as itrelates to levy and collection of security deposit for proposeddevelopment and consequently direct the respondents to issue planningpermission for proposed development of ground plus 9 floorsresidential building at T.S.No.65/1 to 14, Block No.40, ThiruvanmiyurVillage Door No.72/1 to 14, Muttukadu Road, Chennai, withoutinsisting on security deposit for proposed development as containedin the letter dated 17.04.2001 in Lr.No.C3/14741/2001 of the secondrespondent.
For Petitioner : Mr.Satish Parasaran
For Respondents : Mr.K.Elango, Spl.Govt.Pleader for R1
Mr.J.Ravindran for R2
(Order of the Court was made by P.SATHASIVAM,J.)
Learned counsel for the petitioner seeks permission to withdrawthe above writ petition. He also made an endorsement to that effectin the writ petition. Accordingly, permission is granted and thewrit petition is dismissed as withdrawn. However, it is made clearthat the petitioner is free to challenge the provisions contained inRule 19(b)(III)-(B) of the Development Control Rules, if needarises, at the appropriate time. No costs. Consequently, connectedWPMP., is closed.
glSd/Asst. Registrar
/true copy/
To
Sub Asst.Registrar
1. The Secretary to Government, Housing & Urban Development Department, Fort St.George, Chennai-600 009.
2. The Member Secretary, Chennai Metropolitan Development Authority No.8, Gandhi Irwin Salai, Egmore, Chennai-600 008.
1 CC TO MR. SATISH PARASARAN, ADVOCATE SR 64761
1 CC TO MR.J. RAVINDRAN, ADVOCATE SR 64919
1 CC TO THE G.P, SR 65184
Writ Petition No.9218/01
GG(CO)BP/9.122.12.2006