M. Venugopal, J.

The Petitioner has filed the present Writ Petition praying for passing of an Order by this Court in directing the Respondents 1 and 2 to consider his Representation dated 02.08.2017, to demolish the unauthorised construction put up by the 7th Respondent, viz., Seventh Day Adventist Matriculation School, through the Third Respondent herein, viz., the Commissioner, Tambaram Municipality.

2. Counter of R3 and R7 is filed. No counter is filed on behalf of R1, R2, R4, R5 and R6.

3. Heard both sides.

4. According to the Petitioner he has filed the present Writ Petition under the caption 'Public Interest Litigation' because of the reason that since he is concerned with the Society in general, he sought the help of Right to Information Act and obtained information regarding the 7th Respondent/Seventh Day Adventist Matriculation School at No.74/249. GST Road, Tambaram, Chennai-600 045, which was constructed unauthorisedly and also not following any Rules and Regulations. Further, the 7th Respondent/School had constructed unauthorised building in the aforestated property. Therefore, he made a representation dated 02.08.2017 to the Respondents 1 to 6, which was acknowledged by them.

5. The Petitioner, in his Writ Affidavit, had averred that he went to the 7th Respondent/School for an admission to his friend's daughter on 17.4.2017 and came to understand the factual situation of the School. The 7th Respondent/School is running in violation of Government Order (2D) No.48, School Education Department, dated 21.07.2004 as well as the Hon'ble Mr. Justice Sampath Commission's Recommendations. Further, the construction of the 7th Respondent/School building is not constructed in a good quality and it is in danger of being dilapidated. Moreover, no 'Emergency Exit' has been provided. There is no 'Ingress' and 'Egress' and there is only one way to approach the School. No parking space has been provided not only for the School, but also for other vehicles.

6. The Learned Counsel for the Petitioner submits that the 3rd Respondent/Commissioner, Tambaram Municipality, issued notice on 15.05.2017 to the 7th Respondent/Seventh Day Adventist Matriculation School, under Sections 216(1) & (2), 317 of the Amended Act of Tamil Nadu District Municipalities Act, 1920. In this connection, the Learned Counsel for the Petitioner brings it to the notice of this Court that the Planning permission for the School construction, which was applied for by the 7th Respondent/School, was rejected by the 3rd Respondent and again, an Application was made on 19.06.2017 seeking for Building Plan permission, which was rejected by the 3rd Respondent and a notice was issued by the Third Respondent, on 15.05.2017.

7. The Learned Counsel for the Petitioner puts forward a plea that on 06.06.2017, the Public Information Officer as well as the Town Planning Officer gave reply to the Petitioner's Letter stating that proper notice was issued to the School authorities and suitable action would be taken. But in contrast, the School Authorities are constructing further Buildings unauthorisedly.

8. The Learned Counsel for the Petitioner draws the attention of this Court that the Petitioner had projected an Application dated 10.10.2017 under the Right to Information Act, 2005, to the 4th Respondent, requesting the details regarding the unauthorised building constructed by the 7th Respondent/Seventh Day Adventist Matriculation School, and that the Petitioner received a reply dated 30.10.2017 from the Respondents 1 to 6 stating that the 7th Respondent/School construction was an 'unapproved' and 'unauthorised' one. Hence, the Petitioner has filed the present Writ Petition.

9. In response, the Learned Counsel for the Third Respondent/The Commissioner, Tambaram Municipality submits that the 7th Respondent/School is running from the year 2007 and that the School building has been assessed to property tax and the said School is running under the supervision of the Education Departmen