Sri Nandhanam Educational And Social Welfare Trust v. The Director Of Town And Country Planning

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.11.2022

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU Sri Nandhanam Educational and Social Welfare Trust Nandhanam College Road Nandanam Nagar Molagarampatti Tirupattur Taluk and District Rep. by its Chairman M.Andal ... Petitioner -vs1. The Director of Town and Country Planning Anna Salai Chennai - 600 002.

2. The Deputy Director Department of Town and Country Planning Asiriyar Nagar Tirupattur.

...

Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Respondents to process the application submitted by the Petitioner Trust in respect of educational buildings constructed in S.No. 15/2, Molagarampatti Village, Tirupattur Taluk and District and to grant approval for the same in accordance with G.O. Ms. 76 Housing and Urban Development Department dated 14.06.2018, in compliance with the directions of this Court in W.A. No. 233 of 1/6

2021 dated 10.02.2021, in consideration of application submitted in the year 2012, 2016 and 2018 by accepting necessary charges, fees etc., within a time frame to be fixed by this Court.

For Petitioner : Mr. S.Neduchezhiyan For Respondents : Mrs. N.Senthi Selvi Government Advocate (For R1) Mr. T.Arun Kumar Additional Government Pleader (For R2)

O R D E R

Mr. S.Neduchezhiyan, Learned Counsel for the Petitioner, Mrs. N.Senthil Selvi, Learned Government Advocate appearing for the First Respondent and Mr. T.Arun Kumar, Learned Additional Government Pleader appearing for the Second Respondent and perused the materials placed on record, apart from the pleadings of the parties.

2.

The Writ Petition had been filed for directing the Respondents to process the application submitted by the Trust of the Petitioner in respect of educational buildings constructed in S. No. 15/2, Molagarampatti Village, Tirupattur Taluk, Tirupattur District and grant approval for the same in accordance with G.O. 2/6

(Ms) No. 76, Housing and Urban Development Department dated 14.06.2018 in compliance with the directions given in the order dated 10.02.2021 in W.A. No. 233 of 2021 while considering the applications submitted in the year 2012, 2016 and 2018 by accepting necessary charges, fees etc., 3.

It was brought to notice during the earlier hearing by Learned Government Advocate appearing for the Respondents that as per G.O. (Ms) No. 76, Housing and Urban Development [UD4(3)] Department dated 14.06.2018, the charges has to be paid along with online application, but the Petitioner had not made such payment. As it was subsequently represented by Learned Counsel for the Petitioner that payment could not be made either online or directly, this Court had passed the following self-explanatory order on 10.11.2022:- "

An authorized representative of the Petitioner and the concerned official entrusted with the matter in the office of the Respondents shall appear in person before the Court on the next hearing along with laptop to ascertain the factual correctness of the contention of Learned Counsel for the Petitioner that online payment could not be made.

Post the matter on 16.11.2022."

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4.

When the matter is taken up for hearing today, Mr. V.Utharavel, Supervisor, Town and Country Planning, Tirupattur, who has appeared before this Court with laptop, has demonstrated that the web portal for receiving payment was functional, but no representative of the Petitioner is present in Court for making payment online, which blatantly exposes the lack of bonafides on the part of the Petitioner in making the required payment for processing the application as sought in the Writ Petition. In such circumstances, it is not possible to show any more indulgence to the Petitioner in this case. In fine, the Writ Petition is dismissed. No costs. 16.11.2022 Maya Index: Yes/No Note: Issue order copy by 06.01.2023.

To

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

2. The Deputy Director Department of Town and Country Planning Asiriyar Nagar, Tirupattur.

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Copy to Sri Nandhanam Educational and Social Welfare Trust Nandhanam College Road Nandanam Nagar Molagarampatti Tirupattur Taluk and District Rep. by its Chairman M.Andal 5/6

P.D. AUDIKESAVALU, J.

Maya 16.11.2022 6/6