Mahendra Arts And Science v. The Commissioner Of Town And
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.02.2015
CORAM:
THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE MR.JUSTICE M.VENUGOPAL W.P. No.5269 of 2015 and M.P. Nos.1 and 2 of 2015 Mahendra Arts and Science College represented by its Authorised Signatory Attayampatty (via) Kalipatty (Post) Namakkal District 637 501
...Petitioner
vs.
The Commissioner of Town and Country Planning Directorate of Town and Country Planning 807 Anna Salai Chennai 600 002 The Deputy Director of Town & Country Planning Salem Region Salem District 636 005 Mallasamudram Town Panchayat (East) represented by its Executive Officer Mallasamudram Tiruchengode Taluk Namakkal District 637 205 Mallasamudram Town Panchayat (East) represented by its President Mallasamudram Tiruchengode Taluk Namakkal District 637 205
...Respondents
Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorari, calling for the records of the respondents, relating to the orders of the first respondent in D.O. Roc No.9263/2012-UAC dated 21.07.2014 and the orders of the second respondent in Roc No.979/2011 SR-3 dated 08.08.2014 and ROC No.1537/2014 SR-3 dated 12.02.2015 and quash the same. For petitioner :
Mr. K. Doraisamy, Sr. Counsel for M/s. Muthumani Doraisami For RR 1 & 2 :
Mr. N. Sakthivel Government Advocate
ORDER
(Order of the Court was made by SATISH K. AGNIHOTRI, J.) This writ petition is filed challenging the order of the first respondent in D.O. Roc. No.9263/2012-UAC dated 21.07.2014 and the orders of the second respondent in Roc No.979/2011 SR-3 dated 08.08.2014 and Roc. No.1537/2014 SR-3 dated 12.02.2015 stating that in spite of opportunity having been given, the petitioner institution has not submitted its 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 relied 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 and an unreported judgment dated 15.06.2012 passed in W.P. No.11031 of 2011, in support of his contentions.
The impugned notices dated 08.08.2014 and 12.02.2015 were passed based on D.O.Roc No.9263/2012-UAC dated 21.07.2014, which is also impugned in this writ petition and the said proceedings reads as follows:
2013 WLR 925
"D.O. from Commissioner D.O. Roc.No.9263/2012-UAC dated 21.07.2014 Dear Thiru. . . .
Sub: Unauthorised educational institutions - Enforcement action like locking and sealing of the premises to be taken without any delay - Regarding.
Ref: This office letters of even no.dated 28.08.2012 and 08.01.2013.
You are aware that a list of total colleges including engineering colleges, arts and science colleges, B.Ed. Colleges, ITI, medical colleges and para medical colleges functioning within your jurisdiction was sent to you vide reference cited above and you were requested to take action against those unauthorised colleges after verifying with the approval register of your office. It is learnt that unauthorised construction notice has been issued by your office to most of the unauthorised colleges and schools within your area but, enforcement action as envisaged in the sections 56 and 57 of the Tamil Nadu Town and country Planning Act, 1971 like locking and sealing of the premises have not been proceeded against those institutions.
Your are hereby instructed to issue notice to unauthorised educational institutions for which notice was not issued so far and to take enforcement action like locking and sealing of those institutions for which notice was already issued and sufficient time as required under sections 56 and 57 is over. It is hereby informed that it is your responsibility to take proper enforcement action against the unauthorised educational institutions in your area and any slackness in this regard will be viewed very seriously and the officials of the field office will be held fully responsible. You are also requested to get in touch with the District Collector concerned and appraise regarding this subject to proceed with the enforcement action smoothly and effectively. You are requested to send an action taken report in this regard early."
Yours sincerely (R.
To Assistant Director/Member Secretary of all Composite Local Planning Authorities New Town Development authorities and Regional Deputy Directors (incharge)"
Since the petitioner/educational institution is contending that it has obtained the approval 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/representations about the impugned notices dated 08.08.2014 and 12.02.2015. The impugned notices were issued based on the communication issued by the Commissioner/Director of Town and Country Planning, Chennai - 2. The Deputy Director of Town and Country Planning is directed to get a clarification from the Commissioner/Director of the Town and Country Planning, Chennai - 2, who is bound to clarify, to take further action in the matter, as the action initiated is based on the D.O. Roc.No.9263/2012-UAC issued by the Commissioner dated 21.07.2014.
After receiving the said clarification, the Deputy Director of Town and Country Planning of Salem Region is directed to pass a speaking order in accordance with law, within a period of one week from the date of receipt of a copy of this order. Till fresh orders are passed by the Deputy Director of Salem Region 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 Petitions are closed. Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar cad
\ To The Commissioner of Town and Country Pllanning Directorate of Town and Country Planning 807 Anna Salai Chennai 600 002 The Deputy Director of Town & Country Planning Salem Region Salem District 636 005 The Executive Officer Mallasamudram Town Panchayat (East) Mallasamudram Tiruchengode Taluk Namakkal District 637 205 The President Mallasamudram Town Panchayat (East) Mallasamudram Tiruchengode Taluk Namakkal District 637 205 1 CC to Mr. K. Doraisamy, Advocate SR.No. 10827 1 CC to the Government Pleader, SR.No. 11154 W.P. No.5269 of 2015 VSN (CO) PSI (10.03.2015)