Madras High CourtWP(MD)/12328/2022disposed of

Kamaraj Vidyalaya Nursery And Primary School v. The Tahsildhar

2022-06-29Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.06.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Kamaraj Vidyalaya Nursery & Primary School, Rep. by its Correspondent, Deiva Rathi ... Petitioner Vs.

The Tahsildhar, Taluk Office, Toovipuram, Tuticorin - 628002.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondent to issue stability certificate to the petitioner school building by considering the application dated 13.11.2021 within the time limit fixed by this Court. For Petitioner : Mr.VR.Shanmuganathan For Respondent : Mr.M.Prakash, Addl. Government Pleader.

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ORDER

Heard the learned counsel on either side.

2.The petitioner applied to the respondent for issuance of stability certificate. The respondent has not passed any order on the petitioner's application dated 13.11.2021. The petitioner's counsel states that he has obtained NOC from Fire Service Department and Public Works Department. He also filed the certificate issued by the licensed engineer. 3.The learned Additional Government Pleader for the respondent would however state that such certificates have not been obtained for the first floor, which has been put up by using hollow blocks. If the petitioner submits certificates for the first floor also, then subject to the outcome of W.P.(MD)No.14043 of 2018, the respondent can very well issue the stability certificate. The petitioner states that within a week he will submit all the required documents before the respondent.

I make it clear that the certificates to be submitted by the petitioner should specifically indicate that it is not only for the ground floor but also for the first floor. After the documents are filed, the respondent will pass order within a period of two weeks thereafter.

4.The writ petition is disposed of accordingly. No costs. 29.06.2022 Index : Yes / No Internet : Yes/ No ias To:

The Tahsildhar, Taluk Office, Toovipuram, Tuticorin - 628002.

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G.R.SWAMINATHAN, J.

ias 29.06.2022 4/4