W.P. No. 19705 of 2003 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16.06.2023 CORAM : THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P. No. 19705 of 2003 C.H.Ramarao .. Petitioner -vs- 1. The State of Tamilnadu Rep. By its Secretary to Government Housing and Urban Development Department Fort St. George Chennai – 600 009. 2. The Member Secretary Chennai Metropolitan Development Authority 1, Gandhi Irwin Road, Egmore Chennai – 600 008. .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Declaration, declaring that rule 19 (b) III B of Development Control Rules as ultra vires the Tamil Nadu Town and Country Planning Act, illegal, unconstitutional and unenforceable so far as it relates to the demand of security deposit for the proposed development insofar as the Petitioner is concerned and consequently direct the Second Respondent to issue planning permission to the Petitioner without insisting on payment of security deposit of Rs.4,36,000/- as per letter dated 10.07.2003 comprised in Lr.No.C4/34278/2002 issued by the Second Respondent. For the Petitioner : No appearance Page 1 of 4 https://www.mhc.tn.gov.in/judis W.P. No. 19705 of 2003 For the Respondents : Mr. U.Baranidaran Additional Government Pleader(R1) R2-No appearance ORDER (Order of the Court was made by The Hon'ble Chief Justice) None appears for the Petitioner. 2. It is submitted by learned Additional Government Pleader that Development Control Rules have now been replaced by the Tamil Nadu Combined Development Building Rules, 2019. 3. In light of that, the challenge to the impugned rule does not survive. The writ petition, as such, is disposed of. There will be no order as to costs. (S.V.G., CJ.) (P.D.A., J.) 16.06.2023 Index : yes/no Neutral Citation : Yes/No sra/Maya Page 2 of 4 https://www.mhc.tn.gov.in/judis W.P. No. 19705 of 2003 To: 1. The Secretary to Government of Tamilnadu Housing and Urban Development Department Fort St. George Chennai – 600 009. 2. The Member Secretary Chennai Metropolitan Development Authority 1, Gandhi Irwin Road, Egmore Chennai – 600 008. Page 3 of 4 https://www.mhc.tn.gov.in/judis W.P. No. 19705 of 2003 THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J. (sra) W.P. No. 19705 of 2003 16.06.2023 Page 4 of 4 https://www.mhc.tn.gov.in/judis