Kamarajar Matriculation School v. The Director Of Town And Country Planning
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.12.2022
CORAM
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.27252 of 2022 Kamarajar Matriculation School, Rep. by its Correspondent, K.Krishnamoorthy, S/o.Karthikeyan, 155, Madurai Road, Thatchanallur, Tirunelveli District.
... Petitioner Vs 1.The Director of Town and Country Planning, 2nd, 3rd and 4th Floor, C & E Market Road, Koyambeu, Chennai - 600 107.
2.The Member Secretary/Joint Director, Local Planning Authority, South Bye-Pass Road, Tirunelveli - 5.
3.The Commissioner, Tirunelveli Corporation, Tirunelveli.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the second respondent to grant necessary building plan approval to the petitioner School for constructing additional buildings in the School premises in S.No.39/4B2, 39/4B3, S.No.40/1B and S.No.40/1C, situated in Puthukulam Chathiram Village, Tirunelveli Taluk and District, by considering the application of the petitioner School, dated 31.05.2022.
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For Petitioner : Mr.A.Mohan For Respondents 1and 2 : Mr.A.Kannan Additional Government Pleader For 3rd Respondent : Mr.A.Sivanupandian Standing Counsel
ORDER
The petitioner has prayed for issuance of a Mandamus, directing the second respondent to grant necessary building plan approval to him for constructing additional buildings in the School premises in S.No.39/4B2, 39/4B3, S.No.40/1B and S.No.40/1C, situated in Puthukulam Chathiram Village, Tirunelveli Taluk and District, by considering the application, dated 31.05.2022.
2. Heard Mr.A.Mohan, learned counsel for the petitioner, Mr.A.Kannan, learned Additional Government Pleader, who takes notice for the respondents 1 and 2; and Mr.A.Sivanupandian, learned Standing Counsel, who takes notice for the third respondent. By consent of both sides, the Writ Petition is taken up for final disposal at the admission stage itself.
3. According to the learned counsel for the petitioner, the petitioner School has submitted an application before the second respondent to get 2/5
building plan approval for the proposed additional buildings adjoining the existing School building, since the Management has obtained approval for Classes IX and X for the next academic year. In this regard, the petitioner submitted an application, dated 31.05.2022, to the second respondent and the same is kept pending for more than five months without any valid reasons and hence, the petitioner has approached this Court by way of filing the present Writ Petition for the relief stated supra.
4. The learned Additional Government Pleader appearing for the respondents 1 and 2 submitted that the petitioner's application, dated 31.05.2022, would be considered and appropriate orders would be passed, within a period of 20 weeks.
5. Recording the aforesaid submission made by the learned Additional Government Pleader appearing for the respondents 1 and 2, this Court, without going into the merits of the case, directs the second respondent to consider the application of the petitioner, dated 31.05.2022 and pass appropriate orders on merits and in accordance with law, within a period of twenty weeks from the date of receipt of a copy of this order.
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6. This Writ Petition stands disposed of with the above direction. No costs. 3 01.12.2022 Index : Yes/No smn2 To 1.The Director of Town and Country Planning, 2nd, 3rd and 4th Floor, C & E Market Road, Koyambeu, Chennai - 600 107.
2.The Member Secretary/Joint Director, Local Planning Authority, South Bye-Pass Road, Tirunelveli - 5.
3.The Commissioner, Tirunelveli Corporation, Tirunelveli.
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V.BHAVANI SUBBAROYAN, J.
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