V.Raja v. The Principal Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.12.2023
CORAM:
THE HONOURABLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD) No.24461 of 2023 V.Raja ... Petitioner -vs1.The Principal Secretary to Government School Education Department St.George Fort Chennai 2.The Director Directorate of Matriculation School DPI Campus, Chennai-600 006 3.The Director Town and Country Planning Office, DTCP CMDA Office Complex E & C Market Road Koyambedu, Chennai-600 107 4.The District Collector Collectorate
5.The Deputy Director Town and Country Planning Office Kajamalai Main Road Trichy 6.The Inspector of Matriculations 142, Madurai Road Palakarai Sangiliyandapuram Trichy-620 008 7.The Correspondent Raj Vidya Bhavan Matriculation School North Sannathi Street Thuraiyur, Tiruchirappalli District 8.The Commissioner Thuraiyur Municipality ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus to direct the fifth respondent to initiate appropriate action against the illegal development / construction made by the seventh respondent in Survey No.68/6A1 and 68/2, Thuraiyur Taluk, Tiruchirappalli District, in terms of Section 56 read with 85 of the Tamil Nadu Town and Country Planning Act, 1971 (T.N.Act 35 of 1972) and take enforcement action in furtherance of the enforcement notice in ROC.No.2900/2023 TR3, dated 10.06.2023, within the time stipulated by this Court and consequently direct the respondents to ensure the safety of the children studying in the seventh respondent School.
For Petitioner :
Mr.M.Mahaboob Athiff For Respondents :
Mr.P.Thilakkumar Government Pleader for R1 to R6
O R D E R
[Order of the Court was made by The Hon'ble CHIEF JUSTICE] We have heard Mr.M.Mahaboob Athiff, learned counsel for the petitioner and Mr.P.Thilakkumar, learned Government Pleader for the respondents 1 to 6.
2. Learned counsel for the petitioner submits that the seventh respondent is running a school in an unauthorized building. The second and third floors of the school building are unauthorized. The construction is in progress. Thus, the safety of the students is endangered.
3. Learned Government Pleader appearing for the respondents 1 to 6, on instructions, submits that on 30.11.2023, the second and final notice has been issued to the seventh respondent to stop the construction and for removal of the unauthorized construction. If the notice is not complied with within the period stipulated, then the authorities will take further action in accordance with law.
4. In view of the statement made by the learned Government Pleader, no further orders are necessary in this writ petition.
5. The writ petition, accordingly, stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. [S.V.G., .C.J.] [L.V.G., J.] 01.12.2023 NCC :
Yes / No Index :
Yes / No Internet :
Yes / No krk To:
1.The Principal Secretary to Government School Education Department St.George Fort Chennai 2.The Director Directorate of Matriculation School DPI Campus, Chennai-600 006
3.The Director Town and Country Planning Office, DTCP CMDA Office Complex E & C Market Road Koyambedu, Chennai-600 107 4.The District Collector Collectorate 5.The Deputy Director Town and Country Planning Office Kajamalai Main Road Trichy 6.The Inspector of Matriculations 142, Madurai Road Palakarai Sangiliyandapuram Trichy-620 008
THE HONOURABLE CHIEF JUSTICE and L.VICTORIA GOWRI , J.
krk and W.M.P.(MD) No.24461 of 2023 01.12.2023