K JAYAKUMAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) 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.