A K T Noble Cause v. The Director Of Town And

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.04.2015

CORAM:

THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE MR.JUSTICE M.VENUGOPAL W.P. No.12070 of 2015 and M.P. No.1 of 2015 A.K.T. Noble Cause Volunteers Trust represented by its Managing Trustee AKT Mahendran S/o A.K. Thaga Pillai No.11, CutcheryRoad Kallakurichi Villupuram District Petitioner vs.

The Director of Town and Country Planning Chengalvarayan Building 807, Anna Salai, Chennai 600 002 The Assistant Director Town and Country Planning Villupuram Region 56/A, Government Hospital Road Villupuram, 605 602 The President Neelamangalam Panchayat Kallakurichi Villupuram District Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorari, calling for the records of the second respondent relating to the notice issued to AKT Memorial College of Education in Roc No.125/2015 dated 16.03.2015 and quash the same.

For petitioner Mrs. Hema Sampath, Sr. Counsel for M/s. R. Meenal For RR 1 & 2 Mr. P.S. Sivashanmugasundaram Special Government Pleader For R3 Mr. A. Kumar

ORDER

(Order of the Court was made by SATISH K. AGNIHOTRI, J.) Mr. P.S. Sivashanmugasundaram, learned Special Government Pleader, takes notice for respondents 1 and 2. Mr. A. Kumar, learned counsel, takes notice for the third respondent. With the consent of the learned counsel for the parties, the writ petition is taken up for final disposal, at the admission stage itself. This writ petition is filed challenging the notice dated 16.03.2015 issued by the second respondent in Roc No.125/2015, stating that in spite of opportunity having been given, the petitioner institution has not obtained the approved plan and therefore, the building in question will be locked and sealed.

The learned Senior Counsel appearing for the petitioner submits that the petitioner institution is having approved plan granted by the competent authority/local body and based on the approved plan only, the buildings were constructed prior to 2010. The learned Senior Counsel relies on a Division Bench judgment of this Court in The District Collector and Others vs. Danial Thangaraj and another1 as well as the order of a learned Single Judge in Apesh Construction Ltd. vs. The Corporation of Madurai 2 and an unreported judgment dated 15.06.2012 passed in W.P. No.11031 of 2011, in support of her contentions.

In view of the contention of the petitioner/educational institution that it has obtained the approved plan from the competent authority and the buildings were constructed as per the approved plan, it is open to the petitioner/educational institution to submit its objections/representation qua the impugned notice dated 16.03.2015. On receipt of the petitioner's objections/representation, the second respondent shall consider the same and pass appropriate orders in accordance with law and on merits, within a period of one week. Needless to state that each and every submission averred by the petitioner in its objections/representation is to be adverted to and a reasoned order is required to be passed.

Till fresh orders are passed by the second respondent, as stated supra, status quo as obtained today, in respect of the building of the petitioner/educational institution, shall be maintained by both the parties.

This writ petition is disposed of with the above direction. No costs. Connected Miscellaneous Petition is closed. Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar cad To The Director of Town and Country Planning Chengalvarayan Building 807, Anna Salai Chennai 600 002 The Assistant Director Town and Country Planning Villupuram Region 56/A, Government Hospital Road Villupuram, 605 602 The President Neelamangalam Panchayat Kallakurichi Villupuram District 1 cc to Mrs. R. Meenal, Advocate, Sr. 22453 1 cc to Government Pleader, Sr. 22539 W.P. No.12070 of 2015