St.Marys Industrial Training v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.6539 of 2017 and W.M.P.(MD)Nos.5141 and 5142 of 2017 St. Mary's Industrial Training Institute, Rep.by its. Correspondent, Gandhi Nagar, Thanjavur District. ... Petitioner Vs.

1.The District Collector, Thanjavur District, Thanjavur.

2.The Member Secretary, Kumbakonam Local Plainning Authority, No.93/8, Kamarajar Road, 3.The Commissioner, Kumbakonam Municipallity, Thanjavur District. ... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for records relating to the impugned proceedings of the second respondent in Na.Ka.No.198/2015/Kutk dated 12.03.2015 and the proceedings of third respondent in ROC. No.4804/2017/D1, dated 07.04.2017 and quashing the same as illegal and Consequentially forbear the respondent from in any way taking cocrcive action against the petitioner Educational Institution pending disposal of the application and plan taken on file of the 2nds respondent on 19.01.2011.

For Petitioner : Mr.M.Mahaboob Athiff For R1 : Mr.M.Govindan Special Government Pleader For R3 : Mr.M.Rajarajan

O R D E R

[Order of the Court was made by K.K.SASIDHARAN, J.] The learned counsel for the petitioner fairly submitted that nothing survives for adjudication in the present writ petition, in view of locking and sealing the premises by the Commissioner, Kumbakonam Municipality.

2. The learned counsel for the petitioner seeks direction to the second respondent to dispose of the application submitted by the Institute for planning permission.

3. The documents produced by the learned Special Government Pleader indicates that the second respondent by proceedings dated 07.06.2017, called upon the petitioner to produce certain documents. It is for the petitioner to produce the documents before the second respondent. The second respondent is directed to process the application and take a decision on merits and in accordance with law, as expeditiously as possible.

4. The writ petition is disposed of with the above direction. No costs. Consequently, the connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar (T&P) /True copy/ Sub Assistant Registrar To 1.The District Collector, Thanjavur District, Thanjavur.

2.The Member Secretary, Kumbakonam Local Plainning Authority, No.93/8, Kamarajar Road,

3.The Commissioner, Kumbakonam Municipallity, + 1 CC TO AJMAL ASSOCIATES, ADVOCATE IN SR No.74012 + 1 CC TO Mr.M.RAJARAJAN, ADVOCATE IN SR No.73634 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No.73903 akv/vsg MK/JC/SAR-1/04.09.2017/3P/7C W.P.(MD)No.6539 of 2017 21.08.2017