St. Mary S Educational & v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.12.2024

CORAM:

THE HONOURABLE MR.K.R.SHRIRAM, CHIEF JUSTICE and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and M.P.(MD) Nos.1 & 2 of 2012 St.Mary's Educational & Charitable Trust, Chithrancode, Manalikarai Post, Kanyakumari District - 629 164.

Rep. By its Managing Trustee.

... Petitioner -vs1.The State of Tamil Nadu, Rep. By its Secretary, Department of Rural Development & Panchayatraj, Fort St.George, Chennai - 600 009.

2.The Director of Town & Country Planning, No.807, Anna Salai, Chennai - 600 002.

3.The Hill Area Conservation Authority, Rep. By its Chairman, (Secretary to the Government of Tamil Nadu Department of Housing & Urban Development), Fort St. George, Chennai - 600 009.

4.The Southern Regional Officer,

All India Council for Technical Education, The Southern Regional Office, Sasthiri Bhavan, No.26, Haddows Road, Chennai - 600 006.

5.The Anna University of Technology, Government College of Engineering Campus, Tirunelveli - 627 007, Rep. By its Registrar.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Declaration, declaring the impugned Sub Rule (4) & (10) of Rule 3 and Conditions VI & VII in Appendiz-A of the TN Panchayats Building Rules, 1997 as amended vide G.O.(Ms).No.57, (Rural Development - C2) dated 03.05.2005 and the consequential proceedings issued by the second respondent Director of Town and Country Planning in Na.Ka.No.26472/2009 MEKP dated 27.09.2011 as ultra vires, unconstitutional and void and further direct the respondents 2 & 3 to give forthwith the site and building plan approval to the petitioner's college premises without reference to the impugned provisions and proceedings. For Petitioner :

Mr.K.Prabhu for Mr.S.Xavier Rajini For Respondents 1 to 3 :

Mr.SRA.Ramachandran, Additional Government Pleader For Respondent No.4 : Mr.N.Dilip Kumar

O R D E R

[Order of the Court was made by The Hon'ble CHIEF JUSTICE] Counsel for petitioner seeks leave to withdraw the petition. 2.Writ petition is dismissed as withdrawn. There shall be no order as to costs. Consequently, interim applications stand dismissed. [K.R.SHRIRAM., C.J.] [L.VICTORIA GOWRI, J.] 19.12.2024 NCC : Yes / No Index : Yes / No MR

To:

1.The Secretary, State of Tamil Nadu, Department of Rural Development & Panchayatraj, Fort St.George, Chennai - 600 009.

2.The Director of Town & Country Planning, No.807, Anna Salai, Chennai - 600 002.

3.The Chairman, Hill Area Conservation Authority, (Secretary to the Government of Tamil Nadu Department of Housing & Urban Development), Fort St. George, Chennai - 600 009.

4.The Southern Regional Officer, All India Council for Technical Education, The Southern Regional Office, Sasthiri Bhavan, No.26, Haddows Road, Chennai - 600 006.

5.The Registrar, Anna University of Technology, Government College of Engineering Campus, Tirunelveli - 627 007.

THE HON'BLE CHIEF JUSTICE and L.VICTORIA GOWRI , J.

MR and M.P.(MD) Nos.1 & 2 of 2012 19.12.2024