AI Structured Summary
Not yet generated for this judgment
Judgment
N. Paul Vasanthakumar, J.—Heard the learned Senior counsel for the petitioners and the learned Special Government Pleaders for the respondents and by consent, the main writ petitions themselves are taken up for final disposal.
These writ petitions are filed challenging the notices issued calling upon the petitioners/educational institutions to apply for approval from the competent authority under Sections 49 or 47A of the Tamil Nadu Town and Country Planning Act, 1971 within thirty days failing which, the buildings will be locked and sealed.
The learned Senior counsel appearing for the petitioners submitted that the petitioners/educational institutions are having approved plan granted by the competent authority/local body and based on the approved plan only, the buildings were constructed. The learned Senior counsel also relied on the Division Bench judgment ofMadurai Bench reported in The District Collector/Chairman, The Director/Commissioner and The Member Secretary Vs. Danial Thangaraj and The Corporation Commissioner, as well as the order of the learned Single Judge reported in Apesh Construction Limited Vs. The Corporation of Madurai and Madurai Local Planning Authority, and an unreported judgment in W.P. No.11031 of 2011, dated 15.6.2012, in support of his contentions.
The impugned notices were issued based on the D.O. Roc.No.9263/2012-UAC, dated 21.7.2014 and the said proceedings reads as follows:
"D.O. from Commissioner D.O. Roc.No.9263/2012-UAC,
dated 21.7.2014
Dear Thiru--------------,
Sub : Unauthorised educational institutions-Enforcement action like locking and sealing of the premises to be taken without any delay - Regarding.
Ref : This office letters of even No. dated : 28.8.2012 and 8.1.2013.
You are aware that a list of total colleges including engineering colleges, arts & science colleges. B.Ed colleges, ITI, Medical colleges and para medical colleges functioning within your jurisdiction was sent to you vide reference cited above and your were requested to take action against those unauthorized colleges after verifying with the approval register of your office. It is learnt that unauthorized construction notice has been issued by your office to most of the unauthorized colleges and schools within your area but, enforcement action as envisaged in the sections 56 & 57 of the Tamil Nadu Town and Country Planning Act, 1971 like locking and sealing of the premises have not been proceeded against those institutions.
You are hereby instructed to issue notice to unauthorized educational institutions for which notice was not issued so far and to take enforcement action like locking and sealing of those institutions for which notice was already issued and sufficient time as required under sections 56 & 57 is over. It is hereby informed that it is your responsibility to take proper enforcement action against the unauthorized educational institutions in your area and any slackness in this regard will be viewed very seriously and the officials of the field office will be held fully responsible. Your are also requested to get in touch with the District Collector concerned and appraise regarding this subject to proceed with the enforcement action smoothly and effectively. You are requested to send an action taken report in this regard early.
Yours sincerely, (R.Venkatesan)
To Assistant Director/Member Secretary of all Composite Local Planning Authorities, New Town Development Authorities and Regional Deputy Directors (incharge) "
The Assistant Director of Town and Country Planning is directed to get a clarification from the Commissioner/Director of the Town and Country Planning, Chennai-600 002, who is bound to clarify, to take further action in the matter, as the action initiated is based on the D.O. Roc.No.9263/2012-UAC issued by the Commissioner dated 21.7.2014. After receiving the said clarification, the Assistant Director of Town and Country Planning, Thanjavur is directed to pass speaking orders in accordance with law, within a period of four weeks from the date of receipt of the said clarification. The petitioners/educational institutions are permitted to submit their objections/representations, within a period of one week from the date of receipt of a copy of this order. Till fresh orders are passed by the Assistant Director of the Thanjavur region as stated supra, status-quo as on today, in respect of the buildings of the petitioners/educational institutions shall be maintained by both the parties.
These writ petitions are disposed of with the above direction. No costs. Connected miscellaneous petitions are closed.