P. A. Vidhya Bhavan Higher Secondary School rep. by The Secretary Karur v. District Collector Karur
2014-10-07
M.VENUGOPAL
body2014
DigiLaw.ai
Judgment : 1. The Petitioner has focussed the instant Writ of Mandamus praying for passing of an order by this Court in directing the First Respondent/District Collector, Karur District, Collectorate, Karur to consider his representation dated 15/9/2014. Further, he has sought for passing of an order by this Court in directing the Second and Third Respondents to accept their existing Building Plan Approval and to pass such further or other orders. 2. According to the Petitioner, the Petitioner's School got recognition upto the classes of 12th Standard and they are periodically submitting the reports to the concerned educational authorities and also other concerned authorities. It is the case of the Petitioner that for obtaining recognition, it is mandatory to get approval and license for School building and the same is to be obtained from local body if the building falls within the jurisdiction of Local Body Panchayat. Moreover, a licensed Engineer would inspect and verify the standards of the building as per the existing Rules and norms. 3. It is the stand of the Petitioner that their School building was inspected by the concerned licensed Engineer and form 'A' report was issued. Later, the authorities verified the same and granted approval for their School building. That apart, they are also regularly paying the house tax and other required taxes, as per Law. In fact, the Tahsildar, Karur had granted license in his proceedings in Reference No.d.dIS (a3)/4814/2012 dated 3/5/2012 and it is valid upto 13/5/2015. 4. The plea of the Petitioner is that the First Respondent/District Collector, Karur, issued a letter commonly mentioning that now, new Building Plan Approval has to be obtained for School building and if already obtained, the same was to be intimated to the Third Respondent. However, the Petitioner already obtained proper Building Approval and the same was submitted to the Respondents. But some of the Officers of the Second and Third Respondents continuously visiting the School and insisting to get new approval by paying additional fees. The Petitioner had already paid necessary fee and obtained proper approval for their School building. However, the Respondents had not heeded to the Petitioner's submissions. As such, the Petitioner made representation in person to the office of the First Respondent, requesting to accept their reports and for issuance of direction to the concerned authorities to allow them to run the School peacefully. 5.
However, the Respondents had not heeded to the Petitioner's submissions. As such, the Petitioner made representation in person to the office of the First Respondent, requesting to accept their reports and for issuance of direction to the concerned authorities to allow them to run the School peacefully. 5. It transpires that the Secretary of the Petitioner's School had addressed a communication/representation dated 15/9/2014 to the First Respondent/District Collector, Karur, inter alia stating that they had enclosed the copies of Building Plan Sanction in respect of their School and as such, they had prayed for issuance of necessary instructions to the authorities concerned so as to enable them to run the School smoothly. 6. The prayer/relief sought for by the Petitioner in the writ petition is limited in nature viz., to consider its representation dated 15/9/2014 addressed to the First Respondent/District Collector, Karur District. Further, the Petitioner has also sought for passing of an order by this Court in directing the Second and Third Respondents to accept their existing Building Plan Approval. 7. This Court taking note of the fact that the relief sought for by the Petitioner in the main Writ Petition is only limited in nature, viz., that the School's representation dated 15/9/2014 is to be considered by the First Respondent and also for issuance of direction by this Court to the Second and Third Respondents to accept their Building Plan Approval, this Court on the basis of Equity, Fair Play, Good Conscience and even as a matter of Prudence, directs the Respondents 1 to 3 to consider the representation of the Petitioner/School and to pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order. At this juncture, this Court directs the respondents to provide adequate/enough opportunities to the Petitioner by adhering to the Principles of natural Justice and to pass appropriate orders in a dispassionate manner uninfluenced with any observations made by this Court in this Writ Petition. 8. With the aforesaid directions, this Writ Petition is disposed of. No costs.