O R D E R

This writ petition has been filed to direct the first respondent to refund the excess amount of Rs.16,25,250/- collected from the petitioner towards infrastructure and Amenities Charges for the project of the petitioner at Pillaiyar Koil Street, Padikuppam Village, comprised in S.Nos.247/2a,1A2, 2A1B, 2A5, 2A6 and 2A7 of Padi Village, Ambattur Taluk, Tiruvallore District, considering the representation of the petitioner dated 8/3/2010.

2. The petitioner has obtained necessary planning permission and construction permit strictly in terms of planning permit granted and certificate obtained from the first respondent for construction of dwelling houses and the revised plan is also approved on 5/10/2007 and the construction was in half way. Second respondent formulated Town and Country Planning Rules, 2008, empowering the second respondent to fix minimum and maximum rates for various categories as infrastructure and amenity charges payable by the property promoters to the Government. Accordingly, second respondent had issued G.O.Ms.No.84 Housing and Urban Development (UD4-1) Department, dated 8/4/2008 by which for the first time in State of Tamil Nadu, infrastructure and amenity charges were fixed specifying the minimum and maximum rates. In respect of the category of development undertaken by the petitioner, the maximum fee was fixed at Rs.500/- per sq.meter. Though the planning permit and building permit was obtained much earlier in 2005 itself and construction activities also commenced, the first respondent, by virtue of the said G.O., insisted that the additional dwelling units proposed in the revised plan will be levied with infrastructure and amenity charges.

3. As against the said G.O., writ petitions have been filed and various representations were made to the Government seeking to reconsider to reduce the levies. Taking into consideration, second respondent had issued G.O.Ms.No.161 Housing and Urban Development (UD41) Department, dated 9/9/2009 in partial modification to the earlier G.O., and fixed the maximum levy of infrastructure and amenity charges at Rs.250/- per sq.meter in respect of Chennai Metropolitan Area, relating to the Group Development and Special Buildings.

4. First respondent by Letter No.EN3/2409/2008, dated 4/2/2010, called upon the petitioner to remit a sum of Rs.5,000/- and Rs.1,15,000/- towards the development charges and infrastructure and amenity charges for the additional area constructed enabling them to issue the required statutory completion certificate. By Letter No.B3/1110/2010, dated 4/2/2010, first respondent had made separate levy, referring to the G.O., dated 8/4/2008 called upon the petitioner to pay the infrastructure and amenity charges at the rate of Rs.500/- per sq.meter, thereby, directing the petitioner to pay Rs.32,25,000/- for the development made by the petitioner.

5. After perusal of the Rules and Government Order issued, petitioner came to know that by virtue of G.O.Ms.No.161, Urban and Housing Development Department, dated 9/9/2009, the revised rate towards infrastructure and amenity charges is fixed at Rs.250/- per sq.meter, instead of Rs.500/- per sq.meter for the Group Development. The said G.O., makes it clear that the earlier minimum and maximum rates specified in the Rules is done away with.

6. Hence the petitioner had made a representation dated 8/3/2010, to the first respondent to refund an amount of Rs.16,12,250/-. Since the same has not been considered so far, petitioner has come forward with the instant writ petition praying for the relief as stated therein.

7. In the counter filed by the first respondent, it is stated that vide, G.O.Ms.No.84, Housing and Urban Development (UD4-1) Dept, dated 8/4/2008 has fixed the infrastructure and amenities charges, at the rate of Rs.500/- sq.m. Based on the above G.O., amount was collected from the petitioner.

8. Subsequently, Government of Tamil Nadu have revised infrastructure and amenities charges at the rate of Rs.250/- sq