P.S.Murali Krishnan v. The Assistant Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.11.2024

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and W.M.P(MD)Nos.9554 & 9555 of 2018 P.S.Murali Krishnan, Correspondent, Sri Ramakrishna Vidhyalaya Matriculation School, 1/518, Ayyampatti, Gundur, Trichy - 7.

... Petitioner Vs 1.The Assistant Director, Directorate of Town and Country Planning, Kajamalai, Trichy - 23.

2.The Member Secretary, Local Planning Authority, Naval Pattu Pudunagar Division, Trichy.

... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records relating to the communication in Na.Ka.No.2043/2017 Thi Ma2 dated 20.12.2017 on the file of the first respondent and quash the same and consequently direct the first respondent to issue building approval to the petitioner's school namely Sri Ramakrishna Vidyalaya Matriculation School.

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For Petitioner : Mr.N.Mohan For Respondents : Mr.S.Shanmugavel Additional Government Pleader

ORDER

This Writ Petition has been filed challenging the order passed by the first respondent, dated 20.12.2017 thereby rejecting the application submitted for building approval for additional construction of first and second floors in his School. 2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.The petitioner owner the property comprised in Survey No.113/3A admeasuring 1.91 acres situated at Gundur Village, Iyyampatti Majra, Trichy Taluk and District. It was purchased in the name of Sri Ramakrishna Sarada Educational Trust. The Trust was established to start a School in the rural area for the welfare of the downtrodden. After obtaining building approval from the local Panchayat, the School building was constructed and started School 2/6

in the name of Ramakrishna Vidhyalaya Matriculation School. Due to increase of the number of students, the petitioner applied for building approval for the additional construction of the first and second floors. However, it was rejected on the ground that the School building is situated in the agricultural zone as per Navalpattu Pudunagar Development Plan.

4.The learned counsel appearing for the petitioner would submit that now the subject land comprised in Survey No.113/3A has been re-classified as a residential zone. 5.In view of the above, the petitioner is at liberty to apply afresh before the first respondent for building planning and permission for additional construction, within a period of one week from the date of receipt of a copy of this order. On receipt of the same, the first respondent is directed to consider and dispose of the same, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. 3/6

6.With the above direction, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.

11.11.2024 NCC : Yes / No Index : Yes / No Internet : Yes ps 4/6

To 1.The Assistant Director, Directorate of Town and Country Planning, Kajamalai, Trichy - 23.

2.The Member Secretary, Local Planning Authority, Naval Pattu Pudunagar Division, Trichy.

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G.K.ILANTHIRAIYAN, J.

ps Order made in 11.11.2024 6/6