IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:18.03.2011 CORAM: THE HON'BLE MR.JUSTICE P.JYOTHIMANI WRIT PETITION NO.3370 OF 2011 AND M.P.NO.1 OF 2011 Vel Shri R.Rangarajan Dr.Sagunthala Rangarajan Educational Academy (Educational Agency of Shri Vel's Estate Matriculation School) Old No.24, New No.38, ABM Avenue R.A.Puram, Chennai 600 028 rep. By its Founder Trustee/Chairman Dr.R.Rangarajan. .. Petitioner vs. 1.The Commissioner of Land Administration Chepauk, Chennai 600 005. 2.The District Collector Thiruvallur District Thiruvallur. 3.The Revenue Divisional Officer Ponneri Division Thiruvallur. 4.The Tahsildar Ambattur Taluk Ambattur Thiruvallur District. .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the respondents 1 to 3 to pass final orders on the petitioner's representations dated 19.10.2000 27.10.2000 23.1.2001 and 10.12.2003 and 10.8.2010 for assignment of land measuring 1.59 Acres (0.64 Hectares) comprised Survey No.322 Morai Village Ambattur Taluk Thiruvallur District by receiving compensation or equal extent of similar land from the petitioner trust and consequently directly the respondents not to disturb the smooth running of the petitioner's school Shri Vel's Estate Matriculation School in the said land till final orders are passed on the petitioner's representation for assignment/lease. https://hcservices.ecourts.gov.in/hcservices/ For petitioner : Mr. S.Thanka Sivan For respondents : Mr. R.Neelakandan,Govt.Advocate ORDER 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: "Section 2(8). Public building means any building- (a) used as a - (i)School (including a tutorial school) or college) or University or other educational institution; (ii)hostel; (iii)library; (iv)hospital, nursing home, dispensary, clinic or maternity center; (v)club; (vi)lodging house, boarding house or hotel; (vii)choultry (b) ordinarily used for public meetings or for celebrating marriage functions or for holding parties." 3. According to the learned counsel for the petitioner, under https://hcservices.ecourts.gov.in/hcservices/ the above said Act, the authority to renew the license as per Section 8 is the Tahsildar, viz., the 4th respondent, as against the order of the Tahsildar, an appeal filed to the third respondent, who is the appellate authority as per Section 11 of the Act, therefore, according to the learned counsel appearing for the petitioner, since the appeal has been filed to the third respondent, the appeal can be directed to be disposed of within a stipulated time and according to him, since the 4th respondent, licensing authority is hitherto has been extending the period of license and the petitioner is in possession of the building and conducting the school, the right of the petitioner to continue to be in possession should be considered. 4. Accordingly, the writ petition stands disposed of with direction to the third respondent to dispose of the appeal filed by the petitioner dated 10.08.2010 against the order of the 4th respondent dated 03.08.2010 and pass appropriate orders after giving opportunity to the petitioner in accordance with Section 11 of the Tamil Nadu Public Buildings (Licensing) Act,1965 and such order shall be passed within a period of 12 weeks from the date of receipt of a copy of this order. It is needless to state that till such order is being passed by the statutory authority, viz., the third respondent, the possession of the petitioner in respect of the school building shall not be disturbed. It is also open to the petitioner to work out his remedy in respect of proposal of assignment, which is pending before the first respondent. No costs. Connected miscellaneous petition is closed. Sd/- Asst. Registrar //true copy// Sub Asst.Registrar kh To 1.The Commissioner of Land Administration Chepauk, Chennai 600 005. 2.The District Collector Thiruvallur District Thiruvallur. 3.The Revenue Divisional Officer Ponneri Division Thiruvallur. https://hcservices.ecourts.gov.in/hcservices/ 4.The Tahsildar Ambattur Taluk Ambattur Thiruvallur District. 1 cc to Mr.S.Thanka Sivan, Advocate, Sr.No.19989 1 cc to Government Pleader, Sr.No.19829 Order in W.P.No.3370 of 2011 JSV {CO} TP/6.4.2011. https://hcservices.ecourts.gov.in/hcservices/