K. Jayakumar & Others v. State of Tamil Nadu rep. By Secretary to Government, Housing and Urban Development Department, Fort St. George, Chennai & Another
2007-12-12
M.JAICHANDREN
body2007
DigiLaw.ai
Judgment :- Mr.V.Arun, the learned Additional Government Pleader takes notice for the first respondent and Mr.Kathiravan, the learned counsel takes notice for the second respondent. Heard both sides. 2. With the consent of the learned counsels appearing on either side, the writ petition itself is taken up for final disposal. 3. It is stated that the petitioners have applied for construction of Basement + Stilt + 9 Floors I.T.Building at T.S.Nos.5/28, 4/93, 4/96, 4/99, 4/94 (Part) and 5/29 (Part), Block No.45, Puliyur Village, Ambedkar Road, Kodambakkam, Chennai, on 13.04.2006 to the second respondent. The petitioners have stated that the provisions as contained in Rule-19(b)(III)(B) of the Development Control Rules framed under the provisions of the Tamil Nadu Town and Country Planning Act, 1971 and the Rule 13 of the Special Rules framed under Rule 17(a) of the Development Control Rules and the rules for Information Technology Park framed under Rule 17(e) in so far as they seek to empower the respondents to levy security deposit and caution deposit with regard to the proposed development is ultravires, unconstitutional and void in the eye of law. 4. However, at this stage of hearing of the writ petition, the learned counsel appearing on behalf of the petitioners had submitted that it would suffice if an order is passed by this Court, by following the earlier orders made in other writ petitions involving similar issues. One such order, dated 11. 2007, made in W.P.No.34638 of 2007, has been placed before this Court, wherein a conditional order has been passed, directing the respondents therein to consider the petitioners plan in accordance with law on compliance of certain conditions by the petitioner therein. 5. The learned counsels appearing for the respondents have no objection for this Court in passing such an order. 6. In such circumstances, the respondents are directed to consider the Petitioners plan, in accordance with law, on the petitioners furnishing 100% Bank Guarantee for a sum of Rs.1,29,50,000/-, towards the caution deposit, for a period of five years, and for a sum of Rs.12,80,000/-, towards the security deposit, till the completion of the work. 7. With the above directions, this writ petition is disposed of, at the admission stage itself. No costs. Consequently, the connected miscellaneous petition is closed.