Ultra Trust v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.04.2019
CORAM
THE HONOURABLE Mrs.JUSTICE PUSHPA SATHYANARAYANA W.P.No.2804 of 2019 and W.M.P.No.3071 of 2019 Ultra Trust, No.4/235, College Road, Tahsildar Nagar, Madurai -20 Rep by its Chairman, K.R.Arumugam, S/o.Karuppan Chettiar ...
Petitioner --Vs--
1. The State of Tamil Nadu, Rep by its Secretary to Government, Higher Education Department, Secretariat, Fort St.George, Chennai 600 009.
2. The Director of Collegiate Education, DPI Campus, College Road, Chennai 600 006.
3. The Director of Town and Country Planning, 807, Anna Salai, Chennai -006.
4. The President, Village Panchayat, Kodikulam, Madurai.
[R3 and R4 are impleaded vide order dated 04.04.2019 made in W.M.P.No.6878 of 2018 in W.P.No.2804 of 2019 by PSNJ) ... Respondents Prayer: Writ petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to grant permission to the petitioner-Trust to start Arts and Science College in the name of 'Ultra College of Arts and Science' at Kodikulam Village, Madurai North Taluk, Madurai and District based on the plan approval granted by Executive Authority of Kodikulam Village Panchayat without insisting
approval from Directorate of Town and Country Planning (DTCP) on the basis of the application submitted by the petitioner Trust dated 27.09.2017 and inspection by the Committee dated 30.05.2018 within a time frame to be fixed by this Court. For Petitioner : Mr.G.Sankaran For Respondents 1 and 2: Mr.V.Kadhirvelu Special Government Pleader(Hr.Edn) For Respondent-3 : Mr.N.Inbanathan Additional Government Pleader For Respondent-4 : Mr.M.Elumalai
O R D E R
The prayer sought for in this writ petition is to direct the respondents to grant permission to the petitioner-Trust to start Arts and Science College in the name of 'Ultra College of Arts and Science' at Kodikulam Village, Madurai North Taluk, Madurai and District based on the plan approval granted by Executive Authority of Kodikulam Village Panchayat without insisting approval from Directorate of Town and Country Planning (DTCP) on the basis of the application submitted by them dated 27.09.2017 and inspection by the Committee dated 40.05.2018 within a time frame.
2.
It is represented by the learned counsel for the fourth respondent that the plan approval granted by the Executing Authority of Kokidulam Village Panchayat was handed over to the third respondent herein/DTCP.
3. In view of the fact that the plan approval has been handed over to the third respondent, the third respondent/DTCP is directed to scrutinize and pass appropriate orders based on the approval granted by the Executing Authority within a period of four weeks from the date of receipt of a copy of this order. 4.
With the above direction, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar
srn To
1. The Secretary to Government, State of Tamil Nadu, Higher Education Department, Secretariat, Fort St.George, Chennai 600 009.
2. The Director of Collegiate Education, DPI Campus, College Road, Chennai 600 006.
3. The Director of Town and Country Planning, 807, Anna Salai, Chennai -006.
4. The President, Village Panchayat, Kodikulam, Madurai.
+1cc to Mr.G.Sankaran, Advocate Sr.35210 +1cc the Government Pleader Sr.35760 W.P.No.2804 of 2019 and W.M.P.No.3071 of 2019 vba[co] srg 9/5/2019