M/S.Deccans Park Ltd v. State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.06.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU M/s. Deccan's Park Ltd.
Rep. By its Director Mr. A.Nirmal Gandhiya No.46, Dr. B.N.Road T.Nagar, Chennai - 600 017.
.. Petitioner -vs1. State of Tamil Nadu Rep. By Secretary to Government Housing and Urban Development Department Fort St. George, Chennai - 9.
2. Member Secretary Chennai Metropolitan Development Authority 1, Gandhi Irwin Salai Egmore, Chennai - 8.
..
Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Declaration, declaring that the provisions of Rule 19(b) (III-(B)) of the Development Control Rules as ultra vires, illegal, unconstitutional and unenforceable insofar as it relates to levy and collection of security deposit for the proposed development and consequently direct the respondents to issue planning permission for the property situated at Block No. 23, Door No.36, Royapettah High Roa, Chennai and comprised in R.S. Nos. 1101/3 and 1102/2 without insisting on security deposit for proposed development as contained in the Lr.No.C3/15593/2001 dated 28.10.2002 of the second respondent received on 005.11.2002.
For the Petitioner :
No appearance For the Respondents :
Mr. U.Baranidaran Additional Government Pleader, R2 - No appearance
ORDER
(Order of the Court was made by The Hon'ble Chief Justice) None appears for the Petitioner.
2. It is submitted by learned Government Pleader that new rules are introduced in the year 2019, namely, Tamil Nadu Combined Development Building Rules, 2019.
3. In light of that, the challenge in the writ petition becomes infructuous. The writ petition, as such, is disposed of. There will be no order as to costs.
(S.V.G., CJ.) (P.D.A., J.) 16.06.2023 Index : yes/no : Yes/No sra/Maya
To:
1. The Secretary to Government of Tamil Nadu Housing and Urban Development Department Fort St. George, Chennai - 9.
2. Member Secretary Chennai Metropolitan Development Authority 1, Gandhi Irwin Salai Egmore, Chennai - 8.
THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.
(sra) 16.06.2023