Madras High Court
WP/11357/2001 of C.YOGAMMAI Vs S/TN REP BY SECY TO GOVT. on 22 December 2006
High 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.SATHASIVAM
andThe Honourable Mr.Justice S.TAMILVANANWrit Petition No.11357 of 2001C.Yegammai..Petitioner..vs..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 Stilt + 4 floors residentialbuilding with 8 dwelling units at R.S.No.450/19, Block No.26 ofEgmore Village in Door No.69 of Spur Tank Road, Chetpet, Chennai-31,without insisting on security deposit for proposed development ascontainedinthecommunicationdated14.06.2001inLr.No.B1/53226/2000 of the second respondent.
For Petitioner : Mr.Satish Parasaran
For Respondents : Mr.K.Elango,
Spl.Govt.Pleader for R1 Mr.J.Ravindran for R2
ORDER
(Order of the Court was made by P.SATHASIVAM,J.)
Page 1 of 2
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 Accordingly, permission is granted and thewrit petition is dismissed as withdrawn.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.
Sd/Asst.Registrar/true copy/Sub Asst.Registrar glTo1. 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.
+1cc to M/s. Satish Parasaran,Advocate Sr 64762+1cc to M/s. J.Ravindran, Advocate Sr 64920+1cc to Govt. Pleader Sr 65183AVM (CO)km/8.1.
Writ Petition No.11357 of 2001
Page 2 of 2
Loading citations and judicial treatment…