Pachaiyappas Trust v. Director Of Higher Secondary Education

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.09.2024

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P. Nos. 3280, 3279 and 7316 of 2020 Pachaiyappa's Trust Rep. by its Secretary, Pachaiyappa's Trust, 113, Harrington Road, Chennai - 600 030.

... Petitioner Vs

1. Director of Higher Secondary Education, College Road, Chennai - 600 006.

2. The Chief Educational Officer, Presidency Girls Higher Secondary School, Egmore, Chennai - 600 008.

3. The Greater Chennai Corporation, Rep. by its Commissioner, Ripon Building, Chennai - 600 003.

4. The Heritage Conservation Committee, Rep. by the Competent Authority, CMDA (Chennai Metropolitan Development Authority), No. 1, Gandhi Irvin Road, Egmore, Chennai - 600 008.

... Respondents 1/6

Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first to fourth respondents to repair, restore, renovate, conserve and maintain the historical heritage building of Pachaiyappa's College Higher Secondary School Building at No. 185, N.S.C. Bose Road, Chennai - 600 001. For Petitioner : Mr. V.Subramani For Respondents : Mr. S.Arumugam, Government Advocate (for R1 & R2) Mrs. P.T.Rama Devi, Standing Counsel (for R3) Mrs. P.Veena Suresh, Standing Counsel (for R4)

O R D E R

This Writ Petition has been filed for directing the first to fourth respondents to repair, restore, renovate, conserve and maintain the historical heritage building of Pachaiyappa's College Higher Secondary School Building at No. 185, N.S.C. Bose Road, Chennai - 600 001.

2. Heard the learned counsel for both sides and perused the materials available on record.

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3. It is seen that the subject was placed before the Heritage Conservation Committee in C.R. No. 176/2021 and was resolved as follows:- "1. There are many Grade 1a buildings owned by Government and private parties in the city which have rich heritage value and are much older than the building under reference. These buildings deserve immediate attention and financial support as compared to this building.

2. The building under reference appears to be in a good condition. Repair work can be done at a lessor cost.

3. The Pachaiyappa's Trust runs many institutions and has a large alumni. The Trust can source funds from the alumni or from the CSR funds of Corporate for repair and renovation of this building.

4. The shops in the Ground floor have been let out. Any financial assistance through any source can be utilised by the Trust only after vacating the 3/6

tenants which may have legal implications.

5. The Heritage Committee can provide technical assistance to the Trust through technical experts in this field for renovation of the building. The Heritage Committee therefore recommended to inform the applicant that financial assistance cannot be extended for renovation/repair of the building as there are many other priority buildings to take up if at all any financial assistance is available. However technical assistance can be provided."

4. Recording the same, this Writ Petition is closed. Consequently, the connected Miscellaneous Petitions are closed. No costs. 12.09.2024 Index:Yes/No kv 4/6

To

1. The Director of Higher Secondary Education, College Road, Chennai - 600 006.

2. The Chief Educational Officer, Presidency Girls Higher Secondary School, Egmore, Chennai - 600 008.

3. The Commissioner, The Greater Chennai Corporation, Ripon Building, Chennai - 600 003.

4. The Competent Authority, The Heritage Conservation Committee, CMDA (Chennai Metropolitan Development Authority), No. 1, Gandhi Irvin Road, Egmore, Chennai - 600 008.

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G.K.ILANTHIRAIYAN, J.

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