In the High Court of Judicature at Madras Dated: 05.01.2008 Coram The Honourable Mr.JUSTICE P.JYOTHIMANI Writ Petition No.15446 of 2007 & M.P.Nos. 1 and 2 of 2007 M/s. Rayala Corporation Pvt. Ltd., rep. By its Managing Director Mr.Ranjit Pratap .... Petitioner Vs. 1. The Member Secretary, Chennai Metropolitan Development Authority, No.1, Gandhi Irwin Road, Thalamuthu Natarajan Building, Egmore, Chennai – 600 008. 2. The Sub Registrar Office of the Sub-Registrar, Adayar Sub- Registrar Office, Adayar, Chennai – 600 020 .... Respondents PETITION under Article 226 of The Constitution of India praying for the issuance of writ of Certiorarified Mandamus calling for the records of the 1st respondent in letter No.C3/7191/2005 dated 19.02.2007 and quash the same and to further direct the 1st respondent to recompute and further refund the excess amount of Rs.1,73,82,000/- collected expeditiously. For Petitioner : Mr.George Cheriyan For Respondents : Mr.C.Kathiravan for CMDA – R1 Mr.P.S.Raman, A.A.G assisted by Mr.I.Paranthaman, AGP-R2 O R D E R Heard the learned counsel for the petitioner and the respondents. https://hcservices.ecourts.gov.in/hcservices/ 2. This writ petition is filed challenging the order dated 19.2.2007 of the first respondent, wherein the first respondent has asked the petitioner to remit certain amounts towards development and other charges. 3. Pursuant to the impugned order, the petitioner has paid the amount indicated in the impugned order. The impugned order is passed based on the amendment which has been effected by G.O.Ms.No.191 Housing and Urban Development (O.P.No.1) Department dated 1.6.2007 issued by the Government for levy and collection of infrastructure and basic amenity charges. 4. Mr.P.S.Raman, learned Additional Advocate General brings to the notice of this Court that subsequently, the Government has passed an Act Act No.34 of 2007, namely, The Tamil Nadu Town and Country Planning Act (Second amendment) Act, 2007 incorporating the provisions regarding the levy of infrastructure and amenities charges by including a new section, namely, Section 63 B. 5. In view of the latest enactment made by the Government, nothing survives in this writ petition. Accordingly, the writ petition is dismissed. However, the petitioner is at liberty to seek appropriate remedy in respect of the new Act, which has come into force. No costs. Consequently M.P.Nos 1 and 2 of 2007 are also dismissed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar sl To 1. The Member Secretary, Chennai Metropolitan Development Authority, No.1, Gandhi Irwin Road, Thalamuthu Natarajan Building, Egmore, Chennai – 600 008. 2. The Sub Registrar, Office of the Sub-Registrar, Adayar Sub- Registrar Office, Adayar, Chennai – 600 020. 1 cc To Mr.C.Kathiravan, Advocate, SR.899. 1 cc To The Government Pleader, SR.1091. 1 cc To Mr.George Cheriyan, Advocate, SR.982. W.P.No.15446 of 2007 & M.P.Nos. 1 and 2/07 RSV(CO) RVL 21.01.2008 https://hcservices.ecourts.gov.in/hcservices/