Judgment · High Court

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 06.06.2012CORAM:THE HONOURABLE MRS.JUSTICE R.BANUMATHIW.P.NO.1084 OF 2012Dr.A.K.Fazullah Khan....PetitionerVersus1.The District Collector, Coimbatore,2.The Commissioner, Corporation of Chennai, Coimbatore,3.The Revenue Divisional Officer, Coimbatore,4.The Director, Town and Country Planning, Anna Salai, Chennai – 600 002. .....RespondentsPrayer: Writ Petition filed under Article 226 of the Constitutionof India seeking for the relief of issuance of writ of mandamus to direct the 4th respondent herein to forthwith consider the appeal petition dated 22.9.2011 of the petitioner and grant building plan approval for construction of a place of worship for Muslims at the property of an extent of 2450 sq.ft of land bearing Plot No.6 at Karuppathal Layout in Survey No.264/Part in Telungupalayam village,P.N.Pudur, Coimbatore North Taluk, Coimbatore. For Petitioner : Ms.AL.GanthimathiFor Respondents : Ms.T.P.Savitha Government Advocate for RR.1, 3 and 4ORDERIn this writ petition, petitioner seeks writ of mandamusdirecting the 4th respondent to consider appeal petition dated22.09.2011 and to grant building plan approval for construction of aplace of worship for Muslims at the property of an extent of 2450sq.ft of land bearing Plot No.6 at Karuppathal Layout in Survey https://hcservices.ecourts.gov.in/hcservices/ No.264/Part in Telungupalayam village, P.N.Pudur, Coimbatore NorthTaluk, Coimbatore.

The petitioner has applied for building plan licence with the2nd respondent for construction of building in the property in PlotNo.6 at Karuppathal Layout in Survey No.264/Part in Telungupalayamvillage, P.N.Pudur, Coimbatore North Taluk, Coimbatore. Theapplication of petitioner dated 9.6.2011 seeking for building plan licence was rejected by the 2nd respondent in the order dated16.8.2011. As against the said refusal order, the petitioner is said to have preferred appeal (dated 22.9.2011) before the 4th respondent –Director, Town and Country Planning. In this writ petition, petitioner seeks writ of mandamus to direct the 4th respondent to consider his appeal petition dated 22.9.2011 and to grant building plan approval for construction of the building.

Heard Ms.AL.Ganthimathi, learned counsel appearing for the petitioner and Ms.T.P.Savitha, learned Government Advocate appearing for respondents 1, 3 and 4.

As per Section 452 of the Coimbatore City MunicipalCorporation Act, 1981, as against any order of refusal by the Commissioner to approve a building site under Section 275 to grant permission to construct or reconstruct building under section 276 or290, appeal shall lie before the Standing Committee or if no such committee has been constituted to the Council. Section 453 of the Coimbatore City Municipal Corporation Act, 1981 deals with the limitation of time for appeal. As per Section 453, the time stipulated for preferring appeal is within 30 days from the date of receipt of the order or the proceedings against which the appeal is made.

Section 453 of the Act reads as under: "S. 453. Limitation of time for appeal. - (1) Inany case in which no time is laid down in the foregoing provisions of this Act, for the presentation of an appeal allowed thereunder, such appeal shall bepresented, - (a) where the appeal is against an order grantinga licence or permission, within thirty days after the date of the publication of the order on the noticeboard of the Corporation; and (b) in other cases within thirty days after the date of the receipt of the order or proceeding against which the appeal is made; (2) The provisions of section 5 of the LimitationAct, 1963 (Central Act 36 of 1963), shall so far as may be, apply to any such appeal. " https://hcservices.ecourts.gov.in/hcservices/

In the case on hand, as against the order of refusal by the Commissioner to approve a building site, appeal lies only to the Standing Committee or to the Council within the stipulated time asper section 453. The petitioner has preferred appeal only before the4th respondent viz., the Director of Town and Country Planning. As per the provisions of the Coimbatore City Municipal Corporation Act, 4threspondent is not the appellate authority and therefore no direction could be issued to the 4th respondent to consider the petitioner'sappeal petition dated 22.9.2011 and therefore the petitioner is not entitled to the writ of mandamus sought for in this writ petition.

With this observation, the writ petition is disposed of. However, there is no order as to costs.sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar uskCopy to:1. The District Collector, Coimbatore,2. The Commissioner, Corporation of Chennai, Coimbatore,3. The Revenue Divisional Officer, Coimbatore,4. The Director, Town and Country Planning, Anna Salai, Chennai – 600 002. 1 cc To The Government Pleader, SR.31358 W.P.No.1084 of 2012NR(CO)SRA(11/06/2012)