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Madras High CourtWP/18533/2015dismissed as infructuous

M/S.Amar Prakaash Developers v. The Chennai Metropolitan

2022-12-22Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.12.2022

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR WP.No.18533 of 2015 & M.P.No.1 of 2015 Amar Prakash Developers Private Limited, Rep. by its Director : Mr.S.Aashish Surana, #.42, Rejendra Prasad Road, Nehru Nagar, Chrompet, Chennai - 600 044.

... Petitioner Vs

1. The Chennai Metropolitan Development Authority, Rep. by its Member Secretary, # No.1, Gandhi Erwin Road, Egmore, Chennai - 600 008.

2. The State of Tamil Nadu, Rep. by its Secretary to Government, Housing and Urban Development Department, Fort St. George, Chennai - 600 009.

... Respondents Prayer:- Writ Petition filed under the Article 226 of Constitution of India, to issue a Writ of Mandamus to direct the first respondent Chennai Metropolitan Development Authority to accept bank guarantee in lieu of cash/Demand Draft Security towards the balance security deposit amount to Rs.5,04,00,000/- [Rupees five crores and four lakhs only] as contained 1/5

in letter No.C3/5071/2012, dated 08.02.2014 for the constructions proposed to be put up at S.Nos.124/2, 228/2, 229/3, 230, 231/1 and 2, 232/1B and 2, 233/1B and 2B, 241, 242/1A, 243/1, 2A and 2B, 244, 248/2A2 and 2A3A of Thirumudivakkam Village, Thirumudivakkam Main Road, Chennai Kundrathur Panchayat Union, Sriperumbuthu Taluk, Kancheepuram District and consequently direct the first respondent to grant planning permission on the revised proposal submitted by the petitioner with regard to the constructions proposed in the aforesaid property.

For Petitioner : Mr.R.Mohan for Mr.P.Ramanathan For Respondents : Mr.C.Manoharan - R1 Mr.V.Nanmaran Additional Government Pleader - R2

ORDER

This Writ Petition has been filed to direct the first respondent Chennai Metropolitan Development Authority to accept bank guarantee in lieu of cash/Demand Draft Security towards the balance security deposit amount to Rs.5,04,00,000/- [Rupees five crores and four lakhs only] as contained in letter No.C3/5071/2012, dated 08.02.2014 for the constructions proposed to be put up at S.Nos.124/2, 228/2, 229/3, 230, 231/1 and 2, 232/1B and 2, 233/1B and 2B, 241, 242/1A, 243/1, 2A and 2B, 244, 2/5

248/2A2 and 2A3A of Thirumudivakkam Village, Thirumudivakkam Main Road, Chennai Kundrathur Panchayat Union, Sriperumbuthu Taluk, Kancheepuram District and consequently direct the first respondent to grant planning permission on the revised proposal submitted by the petitioner with regard to the constructions proposed in the aforesaid property.

2. When the matter is taken up today, the learned counsel appearing for the petitioner submitted that the prayer in the Writ Petition has become infructuous and hence, nothing survives for adjudication in this Writ Petition.

3. Recording the submissions of the learned counsel appearing for the petitioner, this Writ Petition is dismissed as infructuous. Consequently, connected miscellaneous petition is closed. No costs. 22.12.2022 vrc To 3/5

1. The Chennai Metropolitan Development Authority, Rep. by its Member Secretary, # No.1, Gandhi Erwin Road, Egmore, Chennai - 600 008.

2. The Secretary to Government, Housing and Urban Development Department, Fort St. George, Chennai - 600 009.

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N.SATHISH KUMAR, J.

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