The Madras High Court Bench on Friday dismissed writ petitions filed by Dhaya College of Engineering, run by M.K. Alagiri Charitable and Educational Trust at Sivarakottai, seeking directions to Public Works Department and Anna University in Chennai to issue Structural Stability Certificate and grant affiliation respectively. However, the Madurai bench of the Madras High Court has now directed Anna University to consider the application of an engineering college run by former union minister M K Alagiri-family administered trust for continuation of affiliation.
Justice M. Venugopal disposed of a third writ petition filed by the college with a direction to Deputy Director of Town and Country Planning to consider approving a revised building plan to be submitted by the college since such approval was necessary for issuing the Structural Stability Certificate which, in turn, was a sine qua non for granting affiliation.
Dismissing a petition by the college management to accept the certificate issued by the chartered engineer with regard to the stability of the college building, Justice M. Venugopal asked the university to consider affiliation bearing in mind the paramount interest of the students who were in the academic batches for 2014-15 and 2015-16.
The Judge said the university had asked the Dhaya College of Engineering, run by Alagiri Education Trust that Structural Stability Certificate could not be issued by PWD since the college had constructed the buildings in deviation of the building plan approved by DTCP and did not get a revised plan approved by the competent authorities who had to consider safety aspects before granting approval.
The Supreme Court also had held that furnishing the building stability certificate as per requirements (from PWD) could not be dispensed with. Further, since the DTCP authorities denied having received any revised plan so far, the judge directed the college to submit the plan within a week and directed the Local Planning Authority to take a decision on it within 10 days thereafter.
The Judge said the dismissal of the petition would not preclude the college to submit a representation to the university seeking to grant continuation of affiliation to the college for 2016-17. Nevertheless, since the college stated that around 70 students had been already admitted in the institution during the academic years 2014-15 and 2015-16, the judge granted liberty to it to approach the university seeking provisional affiliation pending submission of Structural Stability Certificate and said the varsity could consider such a plea sympathetically in the interest of students.