TAMIL NADU UNAIDED POLYTECHNIC MANAGEMENT ASSOCIATION Vs. STATE OF TAMIL NADU REPRESENTED BY SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) In these petitions, the challenge is directed against the Constitutionality of certain provisions of the Tamil Nadu Town and Country Planning Act, 1971 (henceforth would be referred to as the TCP Act, for brevity), and consequently their legitimacy for functional existence post the Constitution 73rd Amendment.

(2.) W.P.No.17236 of 2013: The petitioner is a registered Society of Unaided Polytechnic Managements, with over 300 members who run and manage unaided Engineering Colleges consistent with the norms prescribed by the AICTE. As per the Rules of the AICTE, more precisely Rule 2.1 (b) & (c), one who proposes to establish an engineering college is required to produce building approvals obtained from the Competent Authorities, and this is a pre-condition for obtaining requisite approval from the AICTE. The members of the petitioner Society have established technical institutions and they had applied for the approval to the AICTE based on the building approvals granted by the Executive Authority of the Panchayat.

(3.) While so, the Director of Town and Country Planning has caused issuance of notice under Sec. 56 of the Tamil Nadu Town and Country Planning Act, 1971, to the effect that the constructions have been made without obtaining any permission from Town Planning Authorities, and that an action would be initiated under Sections 56(2), 57 for locking, sealing and demolition of their respective buildings where they run their respective educational institutions, and for initiating punitive action under Section 88 of the Act.