Thirumalai Engineering v. The Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.10.2015

CORAM:

THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE MR.JUSTICE K.K. SASIDHARAN W.P. No.31326 of 2015 and M.P. Nos.1 & 2 of 2015 Thirumalai Engineering College represented by its Chairman C. Muthukrishnan Kilambi Kancheepuram Taluk Kancheepuram District Petitioner vs.

The Director Directorate of Town and Country Planning Anna Salai Chennai 600 002 The Deputy Director Office of the Deputy Director of Town and Country Planning Chengalpattu Region Chengalpattu The President Kilambi Panchayat Kancheepuram Taluk Kancheepuram District Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorari, calling for the records in respect of the impugned order issued by the second respondent vide his proceedings in Na.Ka.No.1632/2011/SaMa.3 dated 16.09.2015 and quash the same.

For petitioner Mr. E. Vijay Anand For respondents Mr. P.S. Sivashanmugasundaram Special Government Pleader

ORDER

(delivered by SATISH K. AGNIHOTRI, J.) Mr. P.S. Sivashanmugasundaram, learned Special Government Pleader, accepts notice for the respondents. With the consent of the learned counsel for the parties, this writ petition is taken up final disposal, at the admission stage itself.

This writ petition is filed challenging the notice dated 16 September issued by the second respondent in Na.Ka.No.1632/2011/SaMa.3, 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 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 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 his contentions.

In view of the contention of the petitioner/educational institution that it has obtained the approved plan from the competent local 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 September 2015. It is stated by the learned counsel for the petitioner that the petitioner has already submitted a representation dated 25 September 2015.

In such view of the matter, without expressing any opinion on the merits of the case, the second respondent shall consider the petitioner's aforestated representation dated 25 September 2015 and pass appropriate orders in accordance with law and on merits, within a period of four weeks. Needless to state that each and every averment made by the petitioner in its representation is to be adverted to and a reasoned order is required to be passed. Further, it is made clear that while considering the petitioner's representation, the authorities are at liberty to examine as to whether the said local authority had competence to grant approval prior to 2010 as well. Till fresh orders are passed by the second respondent as stated supra, status quo as obtained today, in respect 2013 WLR 925 2013 (2) CTC 180

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 Petitions are closed. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar cad To The Director Directorate of Town and Country Planning Anna Salai Chennai 600 002 The Deputy Director Office of the Deputy Director of Town and Country Planning Chengalpattu Region Chengalpattu The President Kilambi Panchayat Kancheepuram Taluk Kancheepuram District +1cc to Mr.E. Vijay Anand, Advocate, S.R.No.53969 +1cc to the Government Pleader, S.R.No.54256 KU(CO) EU(14/10/2015) W.P. No.31326 of 2015