Vickram College v. The Director Of Town
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 30.09.2019
CORAM:
THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN Writ Petition No.27004 of 2019 Vickram College of Engineering, Rep.by its Chairman, Mr.M.K.S.Sreenivasan Sreenivasan Gardens, Madurai-Sivagangai Road, Enathi 630 561, Sivagangai District.
... Petitioner /versus/ 1.The Director of Town & Country Planning, Anna Salai, Chennai 600 002.
2.The Deputy Director Town & Country Planning Department, Sivagangai Region, Collector Office Campus, Sivagangai.
3.The President, Enathi-Theli Panchayat, Thiruppuvanam Union, Sivagangai District.
... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st respondent to consider the petitioner's representation dated 09.05.2019 in the light of order passed by this High Court in W.P.No.18539 of 2018 etc., batch dated 10.12.2018. For Petitioner :Mr.K.Sathish Kumar For Respondents:Mr.N.Inbanathan, AGP for R1 & R2 Mr.M.Thamizharasan, GA for R3
O R D E R
Learned counsel appearing for the petitioner submitted that the construction plan of the College building was approved by the Local Authorities prior to 2011. Whereas in compliance of the Rule 47-A of the Tamil Nadu Public Buildings (Licensing)
Act, 1965, the petitioner-Institute has submitted necessary documents before the 2nd respondent/Deputy Director, Town and Country Planning, Sivagangai as directed by the Hon'ble High Court of Madurai Bench on 11.09.2018. The second respondentDeputy Director, Town and Country Planning, Sivagangai has not sofar passed order. Hence, he seeks for Mandamus to consider the representation of the petitioner dated 09.05.2019.
2. The learned Additional Government Pleader appearing for the respondents 1 and 2 would submit that if any representation from the petitioner-institute is received by the second respondent and if the same is in order, it will be forwarded to the first respondent for necessary orders, in the light of the judgment passed by this Court in W.P.No.18539 of 2018 etc batch.
3. From the typed set of papers, this Court finds that the petitioner representation dated 09.05.2019 is addressed to the Director and copy is marked to the Deputy Director as well as the President of Panchayat. All the three respondents in this writ petition are arrayed as respondents 1 to 3.The petitioner has submitted his representation dated 09.05.2019 through registered post, pursuant to the order passed by this Court in W.P.No.18539 of 2018 etc batch. This Court finds there is no impediment for the first respondent to consider the representation of the petitioner dated 09.05.2019 in the light of the order passed by this Court in the batch of writ petitions. Hence, this Court could not find any delay in the representation of the petitioner.
4. Hence, this writ petition is disposed of with a direction to the first respondent to consider the representation of the petitioner dated 09.05.2019 and pass appropriate orders on merits and in accordance with law within a period of six weeks from the date of receipt of the copy of this order. No costs.
Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar
ari To 1.The Director of Town & Country Planning, Anna Salai, Chennai 600 002.
2.The Deputy Director Town & Country Planning Department, Sivagangai Region, Collector Office Campus, Sivagangai.
3.The President, Enathi-Theli Panchayat, Thiruppuvanam Union, Sivagangai District.
+1cc to Mr.K.Ramesh Kumar, Advocate Sr.83703 +1cc to the Government Pleader Sr.84014 W.P.No.27004 of 2019 sj[co] srg 08/11/2019