Edustar International School v. The Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.08.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Edustar International School, Inam Maniyachi Village, New Town, Kovilpatti Taluk, Thoothukudi District - 628 502, Represented by its Chairman, T.Elangovan ... Petitioner Vs.

1.The Director, Directorate of Town & Country Planning, 807, Anna Salai (4th Floor), Chennai - 600 002.

2.The Block Development Officer, (The Executive Authority for Inam Maniyachi Village Panchayat), BDO Officer, Ettayapuram Road, Kovilpatti, Thoothukudi District.

3.The Deputy Director, Town and Country Planning Office (Tirunelveli Region), 108, Trivandram Road, Palayamkottai, Tirunelveli - 627 002.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 2 1/4

and 3 to consider the petitioner's application dated 05.05.2018 seeking for grant of building plan approval for Survey numbers S.Nos.41/2B, 41/6A, 45/5 and 44/1A to built up area of 1,95,000 Sq. feet from the Director of Town and Country Planning of the petitioner's school Edustar International School, Inam Maniyachi, New Town, Kovilpatti, Thoothukudi District with stipulated time. For Petitioner : Ms.S.Mahalakshmi For Respondents : Mr.K.Balasubramani, Spl. Government Pleader for R1 & R3.

Mr.G.Suriyananth, Addl. Government Pleader for R2.

ORDER

Heard the learned counsel on either side.

2.The petitioner is an educational institution. They had given an application seeking approval.

3.The third respondent is directed to process the same and take a call as regards grant of approval. This exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. If the third respondent decides to grant planning approval, then he shall forward the papers to the second respondent for considering grant of building approval. The 2/4

second respondent will take a call in that regard within a period of eight weeks thereafter. I make it clear that I have not gone to merits of the matter. It is for the authorities to pass orders on merits and in accordance with law. 4.The writ petition is disposed of accordingly. No costs. 30.08.2022 Index : Yes / No Internet : Yes/ No ias To:

1.The Director, Directorate of Town & Country Planning, 807, Anna Salai (4th Floor), Chennai - 600 002.

2.The Block Development Officer, (The Executive Authority for Inam Maniyachi Village Panchayat), BDO Officer, Ettayapuram Road, Kovilpatti, Thoothukudi District.

3.The Deputy Director, Town and Country Planning Office (Tirunelveli Region), 108, Trivandram Road, Palayamkottai, Tirunelveli - 627 002.

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G.R.SWAMINATHAN, J.

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