Kongu Industrial Training Centre vs Director of Town and Country Planning

N. Paul Vasanthakumar, J.—Heard Mr. J. Pothiraj, learned counsel appearing for the petitioner and Mr. V. Subbiah, learned Special Government Pleader appearing for the respondents. By consent, the main writ petition itself is taken up for final disposal.

This writ petition is filed challenging the notice dated 08.08.2014 calling upon the petitioner institution 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 building will be locked and sealed.

The learned counsel appearing for the petitioner submitted that the petitioner institution is having approved plan granted by the competent authority/local body and based on the approved plan only, the building was constructed. The learned counsel also relied on the Division Bench judgment of Madurai 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 notice was 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)"

Since the petitioner institution is contending that they have obtained the approved plan from the competent authority and the building was constructed as per the approved plan, it is open to the petitioner institution to submit their objection/representation about the impugned order dated 08.08.2014 apart from the reply already submitted on 28.8.2014. The impugned notice/order was issued based on the communication issued by the Commissioner/Director of Town and Country Planning, Chennai-2. The Deputy Director of Town and Country Planning, Salem Region is directed to get a clarification from the Commissioner/Director of the Town and Country Planning, Chennai-600 002 to take further action in the matter and on receipt of the clarification from the Commissioner/Director of the Town and Country Planning, who were bound to clarify, 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 Deputy Director of Town and Country Planning, Salem Region is directed to pass a speaking order in accordance with law, within a period of four weeks from the date of receipt of the said clarification. The petitioner institution is permitted to submit their additional objection/representation, if any, within a period of one week from the date of receipt of a copy of this order. Till fresh orders are passed by the Deputy Director of Salem Region as stated supra, status-quo as on today, in respect of the building of the petitioner institution, shall be maintained by both the parties.

This writ petition is disposed of with the above direction. No costs. Consequently, M.P. Nos. 1 and 2 of 2014 are closed.