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Madras High CourtWP/17971/2014dismissed as infructuous

M/S.Bscpl Infrastructure Ltd, v. The State Of Tamil Nadu, Rep.

2023-01-02Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.01.2023

CORAM

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR W.P.No. 17971 of 2014 and M.P.No.2 of 2014 M/s.BSCPL INFRASTRUCTURE LTD Rep by its Authorised Signatory T.Jayakrishna Perumbakkam Main Road Chennai - 600 126 .. Petitioner

Versus

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 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, to call for the records of the 2nd respondent dated 30.5.2014 vide Letter No.B2/2001/2014 with respect to the demand of Rs.1,42,50,000/-, towards Security Deposit for proposed Development of the building as detailed as item (v) and Rs.4,23,000/- (Rupees four lakhs and twenty three thousand only) towards Security 1/4

Deposit for Septic Tank with up flow filter as detailed as Item (vi) of the impugned Demand Notice of the 2nd respondent and quash the same with respect to the Group Development building with 9 Blocks each Ground + 3 floors residential Building with 423 dwelling units connected with common Basement Floor abutting Perumbakkam-Sithalapakkam Road at Plot Nos.34 to 60, 68 Part and 69 to 75 in the CMDA approved layout No.144/94 along with the agricultural lands comprised in S.No.

416/2B2, 3, 4B,5, 6A, 6C, 6E,416/7A, 7C & 7E and 417/1C1 of Perumbakkam Village, Chennai and consequently direct the second respondent to grant planning permission for construction of Group Development with 9 Blocks each with Ground +3 Floors residential building with 423 dwelling units connected with common Basement floor abutting Perumbakkam - Sithalapakkam Road at Plot Nos.34 to 60, 68 part and 69 to 75 in the CMDA approved layout No.114/94, along with the agricultural lands comprised in S.No.416/2B2, 3,4B,5,6A,6C,6E,416/7A,7C & 7E and 417/1C1 of Perumbakkam Village, Chennai without insisting upon the demand of security deposit as contained in letter No.B2/2001/2014 dated 30.05.2014 issued by the second respondent.

For Petitioner : Mr.M.Baskar For Respondents : Mr.S.Rajesh for R1 Government Advocate Mr.C.Manohar for R2 2/4

ORDER

When the case was taken up, the learned counsel for the petitioner submitted relief sought for in this writ petition has become infructuous and nothing survives for adjudication. He also made an endorsement in the bundle to that effect.

2. Such view of the matter, this writ petition stands dismissed as having become infructuous. No costs. Consequently, connected miscellaneous petition stands closed.

02.01.2023 dhk Index : Yes / No Speaking Order : Yes / No To 1.The Secretary to Government The State of Tamil Nadu Housing & Urban Development Department Chennai - 600 009 2.The Member Secretary Chennai Metropolitan Development Authority No.1, Gandhi Irwin Road Egmore, Chennai - 600 008 N.SATHISH KUMAR, J.

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