Gms - Mavmm Polytechnic v. The Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.10.2016
CORAM:
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN and THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P.(MD) No.19479 of 2016 and W.M.P.(MD) Nos.14057 & 14058 of 2016 GMS-MAVMM Polytechnic College rep.by its Secretary N.Suriyamoorthy Naickenpatti Alagarkovil, Madurai-625 301 ... Petitioner -vs1. The Director, Directorate of Town & Country Planning, Anna Salai, Chennai-600 002.
2. The Deputy Director, Office of the Deputy Director of Town & Country Planning, No.4, Hakkim Aijimlalkhan Road, Chinachokkikulam, Madurai-625 002
3. The President, Poiygaikaraipatti Panchayat, Naickenpatti Village, Alagarkovil, Madurai.
... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of writ of certiorari calling for the records in respect of the impugned order issued by the second respondent vide his proceedings in Na.Ka.No.2425/2012/MaMa, dated 18.08.2016, and quash the same as illegal and against the law laid down by this Court.
For Petitioner :
Mrs.Mariavinola for Mr.K.Govindarajan For Respondents :
Mr.A.Muthukaruppan Addl.Govt.Pleader
O R D E R
[Order of the Court by M.SATHYANARAYANAN, J.] Mr.A.Muthukaruppan, learned Additional Government Pleader, accepts notice on behalf of the respondents and with the consent of both sides, this writ petition is taken up for final disposal at the admission stage itself.
2. The petitioner-Polytechnic College would submit that they are having recognition from All India Council for Technical Education (AICTE) and approval from Directorate of Technical Education and as on today, the College is functioning and they have put up buildings only after obtaining necessary permission from the third respondent-Panchayat, who is the competent authority under Rule 25 of Tamil Nadu Panchayat Building Rules and all of a sudden, the Deputy Director of Town & Country Planning / second respondent issued the impugned notice, dated 18.08.
2016, informing the petitioner-College, among other things, that as per Section 49 of the Tamil Nadu Town and Country Planning Act, 1971 (hereinafter, it may be referred to as "the Act"), they have to obtain permission from the Local Planning Authority for the construction of buildings and also relied upon the proceedings of the Director of Town & Country Planning / first respondent and further it is informed that if necessary permission has not been obtained from the said authority as prescribed in the Act, necessary actions, including sealing of the premises, would be taken and in response to the said notice, the petitioner-College submitted a detailed explanation / representation, dated 21.09.
2016, to the respondents 1 and 2, pointing out the factual aspects as well as the legal position and prayed for revocation of the said notice, dated 18.08.2016, and since no response is forthcoming and expressing apprehension that the Institution, which is running as on date, is likely to be sealed and consequence thereof, the students, who are studying in the Institution, are likely to be affected, they came forward to file this writ petition.
3. Heard the submissions of the learned counsel appearing for the petitioner-College as well as the learned Additional Government Pleader appearing for the respondents and perused the materials produced.
4. Though the petitioner-College sought for a larger relief in their affidavit, in the light of the above facts and circumstances and without going into the merits of the claim projected by them either in the explanation / representation or in the writ petition, this Court directs the Deputy Director of Town and Country Planning / second respondent to consider the petitioner's explanation / representation, dated 21.09.2016, to
the impugned notice, dated 18.08.2016, after affording an opportunity of personal hearing to the authorized representative of the petitioner-College and pass orders in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order and till such time, further proceedings of the impugned notice, dated 18.08.2016, shall be deferred. The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (W) /True Copy/ Sub Assistant Registrar To:
1. The Director, Directorate of Town & Country Planning, Anna Salai, Chennai-600 002.
2. The Deputy Director, Office of the Deputy Director of Town & Country Planning, No.4, Hakkim Aijimlalkhan Road, Chinachokkikulam, Madurai-625 002.
3. The President, Poiygaikaraipatti Panchayat, Naickenpatti Village, Alagarkovil, Madurai.
+ 1 CC TO Mr.K.GOVINDARAJAN, ADVOCATE IN SR No. 59439 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 59853 KRK TE/SK-SKN : 24/10/2016 : 3P/6C W.P.(MD) No.19479 of 2016 and W.M.P.(MD) Nos.14057 & 14058 of 2016 06.10.2016