Director of Matriculation Schools, DPI Campus v. Correspondent, Iqra Matriculation School
2015-12-02
N.KIRUBAKARAN, V.RAMASUBRAMANIAN
body2015
DigiLaw.ai
JUDGMENT : V.RAMASUBRAMANIAN, J. This Writ Appeal is filed by the Director of Matriculation Schools, Challenging the order passed by the learned Judge, directing the appellant to grant recognition to the respondent School, without insisting on approval of building plan from the Directorate of Town and Country Planning. 2. Heard Mr.VR.Shanmuganathan, learned Special Government Pleader appearing for the appellant. Mr.Seeni Sulthan, learned Counsel takes notice for the respondent. 3. The respondent herein obtained approval for the construction of a School building from the Aruppukottai Municipality and along with approved building plan, structural stability Certificate issued by the competent authority, 'No Objection Certificate' issued by the Tamil Nadu Fire and Rescue Department as well as the sanitary Certificate issued by the Municipality, the respondent applied for recognition to start a School from L.K.G to VIII th standard. The second appellant herein returned the application pointing out certain defects. The respondent re-submitted the application claiming that the defects are rectified; Still the recommendation was not granted on the ground that the building plan ought to have been approved by the Director of Town and Country Planning. 4. Therefore, the respondent came up with the writ petition in W.P(MD)No.13152 of 2015. This writ petition was allowed by the learned Judge, forcing the appellant to come up with the above appeal. 5. The only controversy involved is as to whether the respondent ought to have obtained building plan approval from the Director of Town and Country Plan or not? 6. In the State of Tamil Nadu, the Village Panchayats are governed by the Tamil Nadu Panchayats Act, 1994. In exercise of Rule making power conferred by the Act, the Government had enacted the Tamil Nadu Panchayat Building Rules. The Panchayat Building Rules stipulate that the planning permission can be approved by the Panchayat, after consultation with the Director of Town and Country Planning. 7. But, insofar as the Municipalities and Town Panchayats are concerned, they are governed by the Tamil Nadu Districtg Municipalities Act, 1920. In the Rules framed thereunder, there is no provision similar to one contained in the Tamil Nadu Panchayat Building Rules. Therefore, the demand made by the appellants, is not in accordance with law. 8. However, Mr.V.R.Shanmuganathan, learned Special Government Pleader, appearing for the appellants brought to our notice a Government Order G.O.Ms.No.134, School Education dated 18.08.2015.
In the Rules framed thereunder, there is no provision similar to one contained in the Tamil Nadu Panchayat Building Rules. Therefore, the demand made by the appellants, is not in accordance with law. 8. However, Mr.V.R.Shanmuganathan, learned Special Government Pleader, appearing for the appellants brought to our notice a Government Order G.O.Ms.No.134, School Education dated 18.08.2015. The said G.O was passed on the basis of the recommendations made by the Thiru Justice Sampath Commission. But the recommendation made by the Commission was to the effect that the institutions seeking recommendation for running the School should have constructed School buildings only after obtaining building plan approval from the appropriate authority. Since, there was a dispute with regard to the building plans approved by Panchayat, the Government Order clarifies that the existing Schools could be granted temporary recognition upto 31.05.2016, so that those schools obtain approval for building plan from the Director of Town and Country Planning. 9. The said G.O would apply to the Schools located in the Village Panchayats where the Tamil Nadu Panchayat Building Rules, themselves stipulated the condition with regard to the consultation with the Director of Town and Country Planning. 10. Therefore, we find nothing wrong in the order passed by the learned Judge. Hence, the writ appeal is dismissed. No costs. Consequently, the connected Miscellaneous petition is also dismissed.