PALLAVAN EDUCATIONAL TRUST RUNNING THE KANCHI PALLAVAN ENGINEERING COLLEGE Vs. THE COMMISSIONER OF TOWN AND COUNTRY AND ORS.

JUDGEMENT

(1.) MR .P.S. Sivashanmugasundaram, Learned Special Government Pleader accepts notice for the Respondents 1 and 2. With the consent of the Learned counsel appearing for the parties, the main Writ Petition is taken up for disposal, at the admission stage itself.

(2.) THE Petitioner/Trust, in the present Writ Petition has challenged the impugned notice dated 20.02.2015 in Na.Ka.1632/2011 Se.Ma.3 issued by the Respondent/Authority on the ground that the said impugned notice is illegal and ultra vires to the provisions of the Tamil Nadu Town and Country Planning Act and the Rules made thereunder. Further, it is the specific stand of the Petitioner that the impugned notice dated 20.02.2015 is ultra vires to Section 56(4)A of the Tamil Nadu Town and Country Planning Act.

(3.) THAT apart, the Learned counsel for the Petitioner submits that the then President of the Village Panchayat had approved the building plans on 24.02.2003 following the remittance of the fees and charges pursuant to the approval granted in Resolution No. 81, dated 06.01.2003. Added further, it is the plea of the Petitioner that the buildings were constructed and continued to be used as a public building for the purpose of the Educational Institution for more than 14 years.