Madras High CourtWP/33538/2016disposed of

Sri Nandhanam International v. The Director Of Town & Country

2016-09-23Honourable Mr Justice N. Kirubakaran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:23.09.2016

CORAM

The Honourable MR. JUSTICE N.KIRUBAKARAN W.P. 33538 of 2016 Sri Nandhanam International School, Molagarampatti, Tirupattur-635 601 Vellore District Rep. by its Manager P.Haridoss S/o.M.Ponnusamy.

.. Petitioner Vs

1. The Director of Town & Country Planning, Anna Salai, Chennai-600 002.

2 The Director of School Education, DPI Campus, College Road, Chennai-600 006.

3 The Chief Educational Officer, Vellore District, Sathuvachari, Vellore-9.

4 The Deputy Director of Town & Country Planning Vellore Region, Vellore.

5 The President Kunichi Village Panchayat, Tirupattur Taluk, Vellore District. .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing 1st respondent to pass orders on the application submitted by the petitioner school dated 03.09.2016 for granting approval for the school building constructed based on the approval granted by 5th respondent Village Panchayat, within a time frame to be fixed by this Honble Court.

For Petitioner : Mr.G.Sankaran For R1 to R4 : Mrs.P.Rajalakshmi Government Advocate

ORDER

Heard Mr.G.Sankaran, learned Counsel appearing for the petitioner and Mrs.P.Rajalakshmi, learned Government Advocate, who took notice on behalf of the respondents 1 to 4.

2. The petitioner's school was established in 06.06.2012 with Pre KG to VI standards under Central Board of Secondary Education (CBSE) syllabus. The petitioner has applied to the first respondent seeking DTCP approval on 03.09.2016. It is also stated that the petitioner has already got Panchayat approval for the buildings.

3. Since the petitioner has given representation to the respondents 1 and 4 seeking DTCP approval and the first respondent could pass orders regarding approval, only after the inspection made by the 4th respondent, it would be appropriate to direct the fourth respondent to make an inspection and file an inspection report to the first respondent and thereafter, the first respondent has to decide on the approval.

4. Hence, the 4th respondent is directed, to make an inspection and file a report before the first respondent within a period of four weeks from the date of receipt of a copy of this order. On filing such report by the fourth respondent, the first respondent shall pass appropriate orders, with regard to DTCP approval, within a period of four weeks thereafter. With the above directions, the writ petition is disposed of. No costs.

s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar

To 1.The Director of Town & Country Planning Anna Salai, Chennai-600 002 2.The Director of School Education DPI Campus, College Road, Chennai-600 006 3.The Chief Educational officer Vellore District, Sathuvachari Vellore-9 4.The Deputy Director of Town & Country planning Vellore Region, Vellore 5.The President, Kunichi Village Panchayat Tirupattur Taluk, Vellore District +1 cc to the Government Pleader sr 54686 W.P. 33538 of 2016 aa20/10/2016