V.Sudhakar v. State Of Tamilnadu

THE HIGH COURT OF JUDICATURE AT MADRAS DATED 06.09.2017

CORAM

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MR. JUSTICE N.SESHASAYEE WP.No.20474/2007 & MP.No.1/2007 1.V.Sudhakar 2.V.S.Balaji 3.V.S.Rajesh ..

Petitioners

Versus

1.State of Tamil Nadu rep.its Secretary Housing and Urban Development Department, Fort St George Chennai 600 009.

2.The Member Secretary Chennai Metropolitan Development Authority, No.1, Gandhi Irwin Road Egmore, Chennai 600 008.

..

Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Declaration declaring Rule 19[b] III B of the Development Control Rules for Chennai Metropolitan Area and also Rule 7 of the Rules for Information Technology Park contained in AnnexureXV of the Development Control Rules, as ultra vires the Tamil Nadu Town and Country Planning Act, 1971, illegal, unconstitutional and unenforceable inasmuch as they relate to the demand of Security Deposit and Caution Deposit for the proposed development insofar as the petitioners are concerned, and to consequently direct the 2nd respondent to issue Planning Permission on the application of the petitioners without insisting on payment of a total sum of Rs.8,85,000/- as Security Deposit and a sum of Rs.71,63,000/- as Caution Deposit in terms of Letter No.C3/7451/2006 dated 23.05.2007 on the file of the 2nd respondent.

For Petitioners: Mr.V.Seshadri For R1 : Mr.A.N.Thambidurai, Spl.GP For R2 : Mr.N.Sampath https://hcservices.ecourts.gov.in/hcservices/

ORDER

[Order of the Court was made by M.SATHYANARAYANAN, J.] The learned counsel for the petitioners would submit that in the light of passage of time and subsequent development, nothing survives for adjudication in this writ petition. The Court heard the submissions of Mr.A.N.Thambidurai, learned Special Government Pleader appearing for the 1st respondent and Mr.N.Sampath, learned Standing Counsel appearing for the 2nd respondent.

In the light of the said submission by the learned counsel for the petitioners, the writ petition is dismissed as infructuous.

No costs.

Consequently, the connected miscellaneous petition is also dismissed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar AP To 1.The Secretary State of Tamil Nadu, Housing and Urban Development Department, Fort St George Chennai 600 009.

2.The Member Secretary Chennai Metropolitan Development Authority, No.1, Gandhi Irwin Road Egmore, Chennai 600 008.

+1cc to Mr.N.Sambath, Advocate, S.R.No.64308 WP.No.20474/2007 MSM(CO) GN(27/09/2017) https://hcservices.ecourts.gov.in/hcservices/