Madras High CourtWP(MD)/7313/2022dismissed

Ramaraju.R v. Council Of Architecture (Coa)

2022-04-20Honourable Mr Justice Paresh Upadhyay,Honourable Mr Justice R.Vijayakumar2 pages

W.P(MD)No. 7313 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE PARESH UPADHYAY and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No. 7313 of 2022 R.Ramaraju .. Petitioner Vs 1.Council of Architecture (CoA), Rep. by its Registrar, "India Habitat Centre", Core 6A, 1st Floor, Lodhi Road, New Delhi - 110 003.

2.Ministry of Education, Rep. by its Secretary, Department of Higher Education, Government of India, Shastri Bhawan, New Delhi - 110 115.

.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct the respondents 1 and 2 herein to ensure the functioning of the first respondent Council strictly in accordance with the provisions of Architects Act 1972 and the Rules and Regulations framed thereunder and not to exceed out of its jurisdiction and overstepping into the matters covered in the name of approval process, including introduction of other courses and programmes and not to impose and collect any fees or charges or deposits or any other levies without legal sanction.

For Petitioner :

Mr.S.Saravanan

ORDER

[Made by PARESH UPADHYAY, J.]

1. This petition is styled as public interest litigation. The prayer clause in the writ petition reads as under:- "Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct the respondents 1 and 2 herein to ensure the functioning of the first respondent Council strictly in accordance with the provisions of Architects Act 1972 and the Rules and Regulations framed thereunder and not to exceed out https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No. 7313 of 2022 of its jurisdiction and overstepping into the matters covered in the name of approval process, including introduction of other courses and programmes and not to impose and collect any fees or charges or deposits or any other levies without legal sanction."

2. Learned advocate for the petitioner has made serious grievance that the functioning of the first respondent is not as expected from any State authority.

3. We find that, what is prayed in this petition can not be granted, that too in public interest litigation. Therefore, this writ petition need not be entertained. We also take note that, today itself one more petition being W.P.(MD) No.7299 of 2022 is listed which is being disposed of. In the event of any petition is filed by aggrieved person with the appropriate pleadings and appropriate prayer clause, the same may be examined on its own merits.

4. For the above reason and with the above rider, this writ petition is dismissed. No costs.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) sj/7 To 1.Council of Architecture (CoA), Rep. by its Registrar, "India Habitat Centre", Core 6A, 1st Floor, Lodhi Road, New Delhi - 110 003.

2.Ministry of Education, Rep. by its Secretary, Department of Higher Education, Government of India, Shastri Bhawan, New Delhi - 110 115.

+1 CC to M/s.S. SARAVANAN, Advocate ( SR-19705[F] dated 20/04/2022 ) W.P(MD)No.7313 of 2022 20.04.2022 RK(26/04/2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2