A.Vijayakumar v. The Principal Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.05.2022
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.13427 of 2022 and W.M.P.No.12643 of 2022 A.Vijayakumar, Correspondent and Managing Trustee, S.K.Educational Trust, Owners of Dr.Vimal College of Nursing, Vellore - Arni Highway NH 234, Dharmavaram Road, Pannathur T.S.
Sanatorium Post, Vellore District, Vellore - 632 001.
...Petitioner
Vs.
1.The Principal Secretary, Housing and Urban Development (UDA(3) Department, Fort. St.George, Chennai - 600 009.
2.The Director of Town and Country Planning, 807, Anna Salai, Chennai - 600 002.
...Respondents
Prayer:
Writ Petition filed under Article 226 of the Constitution of India, seeking issuance of Writ of Mandamus, directing the 2nd respondent to depute the team for conducting inspection of the petitioner institution namely, Dr.Vimal College Nursing situated at Pennathur Village, Vellore District in Survey No.352/12A, measuring an extent of 2.57 acres and to issue DTCP approval for the above said property of the petitioner institution on the basis of the petitioner's application submitted to the 2nd respondent on 01.09.2018. For Petitioner : Mr.G.Jeremiah for Mr.P.Candrasekar For R1 & R2 : Mr.V.Jeevagiridharan, Additional Government Pleader
O R D E R
The relief sought for in the present Writ Petition is to direct the 2nd respondent to depute the team for conducting inspection of the petitioner's institution namely, Dr.Vimal College of Nursing situated at Pennathur Village, Vellore District in Survey No.352/12A, measuring an extent of 2.57 acres and to issue DTCP approval for the above said property of the petitioner institution on the basis of the petitioner's application dated 01.09.2018.
2.The grievance of the writ petitioner is that they have submitted an application seeking approval on 01.09.2018 and the respondents have not initiated any action for conducting inspection and to dispose of the application. Thus, the petitioner is constrained to move the Writ Petition. 3.The learned Additional Government Pleader appearing on behalf of the respondents, with reference to the files, made a submission that the inspection was already conducted and the authorities are in the process of considering the application. 4.This being the factum placed before this Court, the 2nd respondent is directed to dispose of the application submitted by the petitioner on 01.09.2018 based on the materials available on record and on merits and in accordance with law within a period of two weeks from the date of receipt of a copy of this order.
5.Accordingly, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. s/d- Assistant Registrar True Copy Sub-Assistant Registrar kkn/smv
To:- 1.The Principal Secretary, Housing and Urban Development (UDA(3) Department, Fort. St.George, Chennai - 600 009.
2.The Director of Town and Country Planning, 807, Anna Salai, Chennai - 600 002.
+1 CC to The Government Pleader sr 31795.
+2 Ccs to Mr.P.Candrasekar, Advocate sr 31822. W.P.No.13427 of 2022 and W.M.P.No.12643 of 2022 BR(CO) SP(01/06/2022)