M/S. K.P.P. Educational Trust v. Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.06.2024 CORAM :
THE HON'BLE MR. JUSTICE S.S.SUNDAR AND THE HON'BLE MR.JUSTICE N.SENTHILKUMAR M/s K.P.P. Educational Trust represented by its Secretary, Mr.P.Arun Pandian No.50, Salem Main Road Kallakurichi 606 202 ..
Petitioner v.
1. Director Directorate of Town and Country Planning 2nd, 3rd and 4th Floor E and C Market Road Koyambedu, Chennai 600 107
2. Assistant Director District Town and Country Planning Office Kallakurichi District 606 213 ..
Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for records of the impugned notice dated 19.06.2023 bearing number Notice.1 issued by the 2nd respondent and quash the same and directing the 2nd
respondent from taking any coercive actions against the petitioner Trust. For Petitioner ::
Mr.N.L.Rajah Senior Counsel for Mr.K.R.Arun Shabari For Respondents ::
Mr.P.Kumaresan Additional Advocate General assisted by Mr.M.R.Gokulkrishnan Additional Government Pleader
ORDER
(Order of the Court was made by S.S.SUNDAR,J.) This writ petition is filed seeking to quash the impugned notice dated 19.06.2023 issued by the second respondent and to forbear the respondents from taking coercive action against the petitioner Trust.
2. The petitioner is a Trust running several institutions. The petitioner, in order to establish a college of Arts and Science, submitted an application to the first respondent for building plan approval. Stating that the respondents, in response to the application, have sought several documents which are not required under the relevant statute, the petitioner
filed a writ petition earlier in W.P.No.34415 of 2022. It is the case of petitioner that this Court directed the respondents to grant building plan permit to the petitioner. The petitioner appears to have issued contempt notice and filed a contempt petition alleging wilful disobedience of the earlier order. In the meanwhile, in contemplation of building plan approval as per the direction of Court earlier, the petitioner commenced construction. The second respondent issued a notice dated 19.06.2023 under Rule 5(a) of the Tamil Nadu Town and Country Planning (Removal of Unauthorised Development) Rules, 2022 calling upon the petitioner for removal of the unauthorised development in the property of the petitioner. It is the case of petitioner that the petitioner has only done preparatory and foundation work in contemplation of building plan permission pursuant to the direction of this Court. The petitioner is challenging the impugned notice only on the ground that the respondents have not followed the procedure.
3. Now it is admitted before this Court that the respondents vide communication dated 9.6.2024 have granted permission for the proposed construction of ground plus three floors to the petitioner. In view of the
subsequent development, the petitioner is entitled to proceed with the construction. Hence, this Court finds that the impugned notice does not survive. Therefore, recording the fact that the petitioner has now been permitted to develop the property in accordance with the building plan permission, the writ petition stands allowed. Consequently, W.M.P.Nos.21298 & 21906 of 2023 are closed. No costs. Index : yes/no (S.S.S.R.,J.) (N.S.,J.) 21.06.2024 ss To
1. The Director Directorate of Town and Country Planning 2nd, 3rd and 4th Floor E and C Market Road Koyambedu, Chennai 600 107
2. The Assistant Director District Town and Country Planning Office Kallakurichi District 606 213
S.S.SUNDAR,J.
AND N.SENTHILKUMAR,J.
ss 21.06.2024