VEL SHRI R RANGARAJAN DR SAGUNTHALA RANGARAJAN EDUCATIONAL ACADEMY EDUCATIONAL AGENCY OF SHRI VELS ESTATE MATRICULATION SCHOOL Vs. COMMISSIONER OF LAND ADMINISTRATION

JUDGEMENT

(1.) (Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus as stated therein.) In respect of the land measuring 1.59 acres (0.64 hectares) comprised in Survey No.322, Morai Village, Ambattur Taluk, Tiruvellore District, wherein it is stated that the petitioner is running a School, the proceedings in respect of the assignment of the land in favour of the petitioner is stated to be pending before the first respondent and in fact this Court in W.P.No.3667 of 2004 filed by the petitioner in the order dated 23.02.2004, had already given a direction to the respondents therein to consider the representation of the petitioner dated 19.10.2000, and the same is still pending. In the mean time, since the petitioner is running the School in the said area, the 4th respondent hitherto upon granting building permission, based on which the building was constructed and the school is being run, however, for the present academic year, when an application for renewal is made for extension of building license, the 4th respondent has rejected the said request by an order dated 03.08.210.

(2.) IT is as against the order of rejection of building license extension for this year, the petitioner has filed an appeal before the third respondent, Revenue Divisional Officer, on 10.08.2010, the case of the petitioner is that the building is deemed to be a public building as per the provisions of the Tamil Nadu Public Buildings (Licensing) Act, 1965, particularly, Section 2(8), which includes the public building "any school? also. The relevant section is as follows: