T.S.M.Jain College Of v. The Commissioner Of Town
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.04.2015
CORAM:
THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE MR.JUSTICE M.VENUGOPAL W.P. Nos.12488 and 12489 of 2015 and M.P. Nos.1 and 1 of 2015 T.S.M. Jain College of Technology represented by its Chairman T. Manohar Kumar Surana Melur, Kallakurichi Taluk Villupuram District - 606 201 Petitioner in WP No.12488/2015 T.S.M. College of Education represented by its Chairman T. Manohar Kumar Surana Melur, Kallakurichi Taluk Villupuram District - 606 201 Petitioner in WP No.12489/2015 vs.
The Commissioner of Town and Country Planning 807, Anna Salai Chennai 600 002 The Assistant Director of Town and Country Planning Villupuram Region Villupuram RR 1 & 2 in both the WPs The President Melur Village Panchayat Kallakurichi Taluk, Villupuram District R3 in WP No.12488/2015 The President Kaniyamur Village Panchayat Kallakurichi Taluk, Villupuram District R3 in WP No.12489/2015 Writ Petitions filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus calling for the records of the second respondent relating to the proceedings in Roc. No.125/2015 dated 24.02.2015 and 16.03.2015 and quash the same and consequently, forbear the respondents from in any manner interfering
with the peaceful possession of the building of the petitioner Trusts housing TSM College of Technology, Melur Village, Kallakurichi Taluk, Villupuram District and T.S.M. College of Education, Kaniyamur Village, Kallakurichi Taluk, Villupuram District, respectively. For petitioner in both the WPs Mr. P. Srinivas For RR 1 & 2 Mr. N. Sakthivel in both the WPs Government Advocate COMMON ORDER (Order of the Court was made by SATISH K. AGNIHOTRI, J.) Mr. N. Sakthivel, learned Government Advocate, accepts notice for respondents 1 and 2. With the consent of the learned counsel for the petitioners and the learned Government Advocate appearing for respondents 1 and 2, these writ petitions are taken up for final disposal, at the admission stage itself.
These writ petitions are filed challenging the notices dated 24.02.2015 and 16.03.2015 respectively issued by the second respondent in Roc Nos.125/2015, stating that in spite of opportunity having been given, the petitioner institutions have not obtained the approved plan and therefore, the buildings in question will be locked and sealed.
The learned counsel appearing for the petitioners submits that the petitioner institutions are 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 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 2and an unreported judgment dated 15.06.2012 passed in W.P. No.11031 of 2011, in support of his contentions.
In view of the contention of the petitioners/educational institutions that they have obtained the approved plan from the competent local authority and the buildings were constructed as per the approved plan, it is open to the petitioners/educational institutions to submit their objections/representation qua the impugned notice dated 24.02.2015 and 16.03.2015 respectively. It is stated by the learned counsel for the petitioners that the petitioners have already submitted their representations dated 2013 WLR 925 2013 (2) CTC 180
09.03.2015 and 02.04.2015, respectively.
In such view of the matter, the second respondent shall consider the petitioners' aforestated representations dated 09.03.2015 and 02.04.2015 respectively 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 petitioners in their representations 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 buildings of the petitioners/educational institutions, shall be maintained by both the parties. These writ petitions are disposed of with the above direction and observation. No costs. Connected Miscellaneous Petitions are closed.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar cad To The Commissioner of Town and Country Planning 807, Anna Salai Chennai 600 002 The Assistant Director of Town and Country Planning Villupuram Region Villupuram The President Melur Village Panchayat Kallakurichi Taluk Villupuram District The President Kaniyamur Village Panchayat Kallakurichi Taluk Villupuram District.
2 cc to Mr.P. Srinivas ,Advocate, SR.No.23344 1 cc to Government Pleader,Sr.No23234 W.P. Nos.12488 and 12489 of 2015 rsi(co)pmk.5.5.2015