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Madras High CourtWP/3240/2012disposed of

Mr.A.Lakshmi Narayanan, v. The State Of Tamil Nadu,

2023-06-20Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu4 pages

M IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20.06.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU A.Lakshmi Narayanan ..

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.

..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of Declaration declaring that the provisions contained in Regulation 26(24), 27(25), 28(14) of Development Regulations to Tamil Nadu and 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.Sundaresan For the Respondents : Mr.K.Karthick Jesanath Government Advocate for Respondent-1 Mrs.Veena Suresh for Respondent-2

ORDER

(Made by the Hon'ble Chief Justice) The Petitioner challenges the Regulations 26(24), 27(25) and 28(14) of the Development Regulations approved by the Government of Tamil Nadu in G.O. Ms. No. 190, Housing & Urban Development Department dated 02.09.2008, and notified in the Tamil Nadu Government Gazette Extraordinary No. 266, Part II-Section 2 dated 02.09.2008 as ultra vires, unconstitutional, arbitrary and colourable exercise of power.

2.

Learned Counsel for the Second Respondent points out that the said Regulations have been repealed by the Tamil Nadu Combined Development and Building Rules, 2019.

3. In the light of that, nothing survives in the writ petition. The writ petition is dismissed. There will be no order as to costs. Consequently, M.P.No.1 of 2012 is also dismissed. (S.V.G., CJ.) (P.D.A., J.) 20.06.2023 Index :

Yes/No :

Yes/No kpl To

1. The 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.

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

(kpl) 20.06.2023