Shanmuga Educational Trust v. The Director

ORDER This Writ Petition has been filed seeking the issuance of a Writ of Mandamus directing the respondents to consider the petitioner's application bearing No.SWP/BPA/0863254/2026, dated 08.06.2026, on its resubmission, without insisting upon payment of scrutiny fee, and to accord approval for the proposed Nursing College Building in Survey Nos. 222, 220/1, 220/2 and 220/4, situated at Poigaimedu Village, Sankarankoil Taluk, Tenkasi District, within such time as may be stipulated by this Court.

2.By consent of the learned counsel appearing on either side, the Writ Petition is taken up for final disposal at the stage of admission itself.

3.The learned counsel appearing for the petitioner submitted that the

petitioner

had

submitted

an

application

bearing No.SWP/BPA/0863254/2026, dated 08.06.2026, seeking approval for the construction of a Nursing College Building in the aforesaid survey numbers. According to the learned counsel, though the application was resubmitted after complying with the defects pointed out by the authorities, the respondents are insisting upon payment of scrutiny fee once again, which, according to the petitioner, is arbitrary and unwarranted. It is further submitted that the petitioner has submitted a representation dated 07.07.2026 requesting the respondents to consider the resubmitted application without insisting upon payment of scrutiny fee. Since the said representation is still pending consideration, the petitioner has approached this Court by filing the present Writ Petition.

4.The learned counsel for the petitioner further submitted that the petitioner would be satisfied if this Court issues a direction to the competent authority to consider the petitioner's representation dated

07.07.2026 and pass appropriate orders thereon within a time frame to be fixed by this Court.

5.Considering the facts and circumstances of the case, and without expressing any opinion on the merits of the petitioner's claim, this Writ Petition is disposed of with a direction to the competent authority to consider the petitioner's representation dated 07.07.2026, after affording an adequate opportunity of hearing to the petitioner and all other necessary and interested parties, if any, and thereafter pass appropriate orders on merits and in accordance with law. Such exercise shall be completed as expeditiously as possible, preferably within a period of six (6) weeks from the date of receipt of a copy of this order. There shall be no order as to costs.

20.07.2026 NCC : Yes / No Index : Yes / No ps To

1.The Director, Directorate of Town and Country Planning, CMDA Complex, Koyambedu, Chennai - 600 107.

2.The Assistant Director, District Town and Country Planning Office, Kallorani Village, Paavoor Chathiram, Tenkasi - 627 808.

3.The Joint Director, Agricultural Department, No.178-A, Tamilnadu Housing Board Residence, Tenkasi - 628 811.

4.The Tahsildar, Tenkasi District.

M.DHANDAPANI, J. ps

20.07.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.07.2026 CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI Shanmuga Educational Trust, Represented by its Chairman, Mr.S.Maruthiah, S/o.Shanmugaiah, No.2/52-A, North Alankulam, Nothikulam Post, Tenkasi District – 627 118. ... Petitioner Vs 1.The Director, Directorate of Town and Country Planning, CMDA Complex, Koyambedu, Chennai - 600 107. 2.The Assistant Director, District Town and Country Planning Office, Kallorani Village, Paavoor Chathiram, Tenkasi - 627 808. 3.The Joint Director, Agricultural Department, No.178-A, Tamilnadu Housing Board Residence, Tenkasi - 628 811. 4.The Tahsildar, Tenkasi District. ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus directing the respondents to consider the petitioner's application No.SWP/BPA/0863254/2026 dated 08.06.2026 on its resubmission without insisting for payment of scrutiny fee and accord approval for the proposed Nursing College Building in Survey Nos.222, 220/1, 220/2, 220/4, Poigaimedu Village, Sankarankoil Taluk, Tenkasi District, within the time frame as may be stipulated by this Court. For Petitioner : Mr.B.Vijay Karthikeyan For Respondents : Mr.R.Ramasamy counsel for State