M/S.Somasimara Realters (P) v. State Of Tamilnadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.07.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU M/s. Somasimara Realtors (P) Ltd.

No.17/35, Second Main Road Adayar, Chennai 600 020.

..

Petitioner Vs.

1. The State of Tamil Nadu Rep. by its 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.

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Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Declaration to declare that the provisions contained in Regulation 26(24), 27(25), 28(14) of Development Regulations to Tamil Nadu & Country Planning Act are ultra vires, unconstitutional, arbitrary and colourable exercise of power and forbearing the second respondent from insisting on the payment of security deposit for putting up any construction which are not recognised in law.

For the Petitioner : Mr.S.Vaitheeswari For Mr.S.Sundaresan For the Respondents : Mrs.R.Anitha Special Government Pleader for Respondent-1 Mrs.P.Veena Suresh for Respondent-2

ORDER

(Made by the Hon'ble Chief Justice) Learned counsel for the petitioner, on instructions, seeks leave to withdraw the writ petition.

2. In the light of that, the writ petition is dismissed as withdrawn. There will be no order as to costs. Consequently, M.P.No.1 of 2010 is also dismissed.

(S.V.G., CJ.) (P.D.A., J.) 03.07.2023 Index :

Yes/No :

Yes/No kpl

To

1. TheSecretary 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.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(kpl) 03.07.2023