Aarooran Polytechnic College v. The Commissioner,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.11.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.10123 of 2015 and M.P(MD) Nos.1 and 2 of 2015 Aarooran Polytechnic College, Represented by its Treasurer R.Kanagasababathi, Mayiladuthurai Main Road, Sorakkudi, Kangalanchery (Post) Thiruvarur - 610 101.
... Petitioner -vs1. The Commissioner, Directorate of Town and Country Planning, Anna Salai, Chennai - 600 002.
2. The Deputy Director, Office of the Deputy Director of Town and Country Planning, Thanjavur Region, Thanjavur.
3. The President, Sorakkudi Panchayat, Nannilam Taluk, Thiruvarur District.
.... Respondents 1/5
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a 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.546/2012, dated 16.03.2015 and quash the same. For Petitioner : Mr.K.Govindarajan For Mr.E.Vijay Anand For Respondents : Mr.A.Baskaran Additional Government Pleader
O R D E R
The present Writ Petition has been filed challenging the order passed by the second respondent herein, under which, he had initiated proceedings under Sections 56 and 57 of the Tamil Nadu Town and Country Planning Act, on the ground that the petitioner Polytechnic College has not obtained building plan approval from the competent authorities as contemplated under Section 47-A of the Tamil Nadu Town and Country Planning Act.
2. Admittedly, the petitioner has obtained approval only from the local body, on 25.02.2011 and Section 47-A of the Act has been introduced in the Tamil Nadu Town and Country Planning Act, with effect from 01.01.2011. 2/5
3. Hence, it is clear that the petitioner's College has to obtain building plan approval from the competent authority as contemplated under Section 47 - A of the Act.
4. In these circumstances, I do not find any illegality or infirmity in the order passed by the second respondent herein. However, the petitioner is directed to approach the second respondent for building plan approval within a period of three weeks from the date of receipt of a copy of this order. The said application shall be considered on merits and the same shall be decided within a period of three months from the date of filing of the said application. Till the disposal of the said application, the present impugned order shall be kept in abeyance.
5. With the above said observation, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.
30.11.2022 Index : Yes / No Internet : Yes / No 3/5
ebsi To
1. The Commissioner, Directorate of Town and Country Planning, Anna Salai, Chennai - 600 002.
2. The Deputy Director, Office of the Deputy Director of Town and Country Planning, Thanjavur Region, Thanjavur.
3. The President, Sorakkudi Panchayat, Nannilam Taluk, Thiruvarur District.
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R.VIJAYAKUMAR,J.
ebsi W.P.(MD)No.10123 of 2015 30.11.2022 5/5