Sri Sai Saravana Vidya Ganapathy Educational Trust v. The Deputy Director Of Town And Country Planning
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.06.2022
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH W.P.No.14022 of 2022 Sri Sai Saravana Vidya Ganapathy Educational Trust, Represented by its Chairman, R.Shanmugam, Having its office at, B.V.P.Mart, Periyanaickernpalayam, Coimbatore - 641 020.
... Petitioner Vs.
1. The Deputy Director of Town and Country Planning, Coimbatore Region, Dr.Nanjapa Road, Corporation Shopping Complex, Coimbatore - 641 018.
2. Member Secretary, Coimbatore Local Planning Authority, Corporation Shopping Complex, First floor, Raju Naidu Street, Sivananda Colony, Coimbatore - 641 012.
... Respondents PRAYER:
Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 2nd Respondent to change the name of the Institution from Sir.C.V.Raman Hitech II Polytechnic College to Sir.C.V. Raman College of Arts and Science in the Building Approval Plan dated 12.06.2019 without insisting upon any further charges. For Petitioner : Mr.Ali Hassan Khan For Respondents: Mr.T.Chezhiyan Additional Government Pleader for R1
ORDER
By consent of both the parties, this Writ Petition is taken up for final disposal.
2. The petitioner herein had given a representation to the second respondent dated 19.03.2021, seeking for a change of Name for the Institution. Since the said representation was not considered, the present Writ Petition has been filed. https://hcservices.ecourts.gov.in/hcservices/
3. It is needless to point out that whenever a representation / appeal petition of this nature is made to a Statutory Authority, there is a duty cast upon the respondents to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of their duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time.
4. In the light of the above observations, there shall be a direction to the first respondent herein to consider the petitioner's representation dated 19.03.2021 on its own merits and pass appropriate orders in accordance with law, within a period of four (4) weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its views with regard to the merits of the claim of the petitioner and that it is open to the concerned respondent to consider the same on its own merits.
5. With the above direction, the Writ Petition stands disposed of. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar jeni To
1. The Deputy Director of Town and Country Planning, Coimbatore Region, Dr.Nanjapa Road, Corporation Shopping Complex, Coimbatore - 641 018.
2. The Member Secretary, Coimbatore Local Planning Authority, Corporation Shopping Complex, First floor, Raju Naidu Street, Sivananda Colony,Coimbatore - 641 012.
+1cc to Mr.Ali Hassan Khan, Advocate, S.R.No.32206 W.P.No.14022 of 2022 GPL(CO) CT/17/06/2022 https://hcservices.ecourts.gov.in/hcservices/