S.Prabhu v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.04.2022
CORAM
THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P.Nos.16069 & 16202 of 2014 and M.P.Nos.1 & 2 of 2014 W.P.No.16069 of 2014:
1.Mr.S.Prabhu 2.Mr.K.Surendra Kumar
...Petitioners
Vs
1. The State of Tamil Nadu Represented by its Secretary Secretary to Government Housing and Urban Development Department Secretariat, 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, to issue a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent dated 10.06.2014 bearing Letter No.B1/16234/2012 with respect to the demand of Rs.49,00,000/- (Rupees Forty Nine Lakhs only) towards security deposit (for building) for proposed development and Rs.2,00,000/- (Rupees Tow Lakhs only) towards Security Deposit for Septic tank with up flow filter as contained in Serial No. (V) & (VI) of the impugned order of the 2nd respondent with respect to the building to be put up at Survey No.142/2, 3A, 3B, 4, 143/4, 5, 6A, 6B, 234/2, 4, 5, 235/1, 2, 5 and 239/4 (as per patta) of Perumbakkam Village, St. Thomas Mount Panchayat Union by quashing the same and consequently direct the 2nd respondent to grant planning permission as sought for in respect of the aforesaid property without insisting upon the demand of security deposit.
W.P.No.16202 of 2014:
Prafulkumar Nahata
...Petitioner
Vs
1. The State of Tamil Nadu Rep. by its Secretary to Government, Housing and Urban Development Department, Fort St. George, Chennai - 600 009.
2. Chennai Metropolitan Development Authority, Rep. by its Member-Secretary, No.1, Gandhi-Irwin Road, Egmore, Chennai - 600 008.
...Respondents
Prayer:Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent dated 13.06.2014 in Letter No.B1/14499/2012 with respect to the demand of Rs.1,36,51,000/- (Rs.1,31,00,000/- + Rs.5,51,000/-) towards security deposit for the proposed development and security deposit for septic tank with upflow filter as contained in the column (v) and (vi) of the impugned order of the 2nd respondent with respect to the building to be put up at proposed constructions of Group Development of 10 Blocks of Stilt + 4 floors residential building with 528 dwelling units including LIG 92 dwelling units and one Block of Ground Floor + 3 Floors, club house, comprised in S.No.522, 525 & 528 of Perumbakkam Village, Sholinganallur Taluk St.
Thomas Panchayat Union by quashing the same and consequently direct the 2nd respondent to grant planning permission as sought for in respect of constructions to be put up in the aforesaid property, without insisting upon the demand of Security Deposit for development as contained in Letter No. B/14499/2012 dated 13.06.2014 issued by the 2nd respondent. For Petitioners: M/s.DR.P.Vasudevan (in W.P.No.16069 of 2014) Mr.R.Mohan (in W.P.No.16202 of 2014) For R1 : Mr.D.
COMMON ORDER No appearance for CMDA, though description of name is printed in the cause list. Mr.D.Ravichander, learned Special Government Pleader for R-1.
2. The learned counsel for the petitioners seeks leave to withdraw these writ petitions and also makes an endorsement to that effect.
3. Hence, these Writ Petitions are dismissed as withdrawn. Connected miscellaneous petitions are closed. No costs. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar jeni/kak To
1. The Secretary to Government, The 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 the Government Pleader, S.R.No.24137 W.P.Nos.16069 & 16202 of 2014 SKM(CO) RGA(19/04/2022)