Judgment :- 1. In this writ petition, petitioner seeks writ of mandamus directing the 4th respondent to consider appeal petition dated 22.09.2011 and to grant building plan approval for construction of a place of worship for Muslims at the property of an extent of 2450 sq.ft of land bearing Plot No.6 at Karuppathal Layout in Survey No.264/Part in Telungupalayam village, P.N. Pudur, Coimbatore North Taluk, Coimbatore. 2. The petitioner has applied for building plan licence with the 2nd respondent for construction of building in the property in Plot No.6 at Karuppathal Layout in Survey No.264/Part in Telungupalayam village, P.N. Pudur, Coimbatore North Taluk, Coimbatore. The application of petitioner dated 9.6.2011 seeking for building plan licence was rejected by the 2nd respondent in the order dated 16.8.2011. As against the said refusal order, the petitioner is said to have preferred appeal (dated 22.9.2011) before the 4th respondent Director, Town and Country Planning. In this writ petition, petitioner seeks writ of mandamus to direct the 4th respondent to consider his appeal petition dated 22.9.2011 and to grant building plan approval for construction of the building. 3. Heard Ms. AL. Ganthimathi, learned counsel appearing for the petitioner and Ms. T.P. Savitha, learned Government Advocate appearing for respondents 1, 3 and 4. 4. As per Section 452 of the Coimbatore City Municipal Corporation Act, 1981, as against any order of refusal by the Commissioner to approve a building site under Section 275 to grant permission to construct or reconstruct building under section 276 or 290, appeal shall lie before the Standing Committee or if no such committee has been constituted to the Council. Section 453 of the Coimbatore City Municipal Corporation Act, 1981 deals with the limitation of time for appeal. As per Section 453, the time stipulated for preferring appeal is within 30 days from the date of receipt of the order or the proceedings against which the appeal is made. 5. Section 453 of the Act reads as under: "S. 453. Limitation of time for appeal. As per Section 453, the time stipulated for preferring appeal is within 30 days from the date of receipt of the order or the proceedings against which the appeal is made. 5. Section 453 of the Act reads as under: "S. 453. Limitation of time for appeal. -(1) In any case in which no time is laid down in the foregoing provisions of this Act, for the presentation of an appeal allowed thereunder, such appeal shall be presented, - (a) where the appeal is against an order granting a licence or permission, within thirty days after the date of the publication of the order on the notice board of the Corporation; and (b) in other cases within thirty days after the date of the receipt of the order or proceeding against which the appeal is made; (2) The provisions of section 5 of the Limitation Act, 1963 (Central Act 36 of 1963), shall so far as may be, apply to any such appeal." 6. In the case on hand, as against the order of refusal by the Commissioner to approve a building site, appeal lies only to the Standing Committee or to the Council within the stipulated time as per section 453. The petitioner has preferred appeal only before the 4th respondent viz., the Director of Town and Country Planning. As per the provisions of the Coimbatore City Municipal Corporation Act, 4th respondent is not the appellate authority and therefore no direction could be issued to the 4th respondent to consider the petitioner's appeal petition dated 22.9.2011 and therefore the petitioner is not entitled to the writ of mandamus sought for in this writ petition. 7. In the result, the writ petition is dismissed. However, the petitioner is at liberty to prefer an appeal before the competent authority as per Section 452 of the Coimbatore City Municipal Corporation Act within a period of three weeks from today. When such appeal is preferred before the competent authority, the time spent by the petitioner in this writ petition shall be excluded while calculating the period of limitation. 8. With this observation, the writ petition is disposed of. However, there is no order as to costs.