The main legal point established in the judgment is the jurisdiction of authorities under the Tamil Nadu Public Building License Act, 1965, and the legal sustainability of the cancellation of a building license based on the incorrect survey number.

JUDGMENT

(Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the first respondent in his proceedings vide Na.Ka.28413/2015/R4 dated 27.06.2016 and quash the same and direct the first respondent to renew the building license.)

1. The present writ petition has been filed to quash the order passed by the first respondent herein under which the request of the writ petitioner for grant of license under the Public Building License Act has been rejected confirming the order passed by the second respondent herein.

2. The petitioner has contended that she is running a School in the name and style of Nehru Nursery and Primary School situated in Sithayankottai Village, Aathur Taluk, Dindigul District with 140 students and 18 staff members from the year 2005 onwards. According to the petitioner, the School being a public premises it requires periodical renewal of license under Section 6 of Tamil Nadu Public Building License Act, 1965. Originally a license was granted under the said Act in favour of the petitioner's School on 22.09.2005 covering the period between 06.06.2005 to 05.06.2008. The license was periodically renewed and ultimately the petitioner has presented a renewal application for a further period of three years from 06.06.2014 to 05.06.2017 to the first respondent herein who referred the matter to the second respondent herein. The second respondent passed an order on 02.06.2014 rejecting the request for building license on the following grounds:

(i). The tenancy agreement in favour of the writ petitioner has been cancelled by the landlord and thereafter, he has sold it to a third party.

(ii). A suit in O.S.No.271of 2011 is pending before the District Munsif Court, Dindigul between the School Management and the erstwhile landlord.

(iii).The present purchaser of the School building has raised objection with regard to the renewal of the building license.

3. The said order passed by the second respondent was challenged by the writ petitioner before the Revenue Divisional Officer, Dindigul. The Revenue Divisional Officer, Dindigul by his proceedings dated 09.02.2014 has reversed the order of Tahsildar and directed to grant public building license for a further period of three years. The said order of the Revenue Divisional Officer was challenged by the fourth respondent herein. The first respondent by his order dated 31.03.2015 set aside the order passed by the Revenue Divisional Officer, Dindigul and directed the second respondent herein to enquire afresh. This order of the first respondent herein was challenged by the writ petitioner in W.P.(MD).No.6689 of 2015. This Court by an order dated 16.06.2015 had directed the second respondent herein to pass fresh order after giving due opportunity to the writ petitioner and the fourth respondent herein with liberty to parties to place sufficient material before the second respondent to substantiate their claims. This Court has also passed an order that the petitioner shall not be evicted or disturbed by the authorities pending disposal of the enquire by the second respondent herein.

4. Pursuant to the order of this Court, the second respondent herein had conducted a fresh enquiry and had passed an order on 15.09.2015 granting license to the petitioner School for a period of three years. It was further observed in the said order that the parties have to resolve their title dispute before the competent Civil Court. This order was challenged by the fourth responden t herein before the first respondent, the District Collector. The District Collector had called for a report from the second respondent relating to the survey number in which the School building is located. The Tahsildar has submitted a report that the School building is not located in Survey No. 1338, but it is located in Natham Survey Nos.1382/6, 1382/7A3 and 1382/8. According to the