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Madras High CourtWP/4843/2018closed

Dr. Poornima v. The Member Secretary

2025-03-13Honourable Mr Justice J.Sathya Narayana Prasad4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD and W.M.P.Nos.5984 & 5985 of 2018 Dr.Poornima

...Petitioner

-Vs1.The Member Secretary, Puducherry Planning Authority, Jawahar Nagar, Boomianpet, Puducherry.

2.The Town and Country Planning Authority, Rep by its Chief Town Planner, Jawahar Nagar, Boomianpet, Puducherry.

3.Venkatessa Perumal 4.Suresh Kannan 5.Prakash 6.Vinayagamoorthy 7.Krishnamoorthy 8.Gangadharan

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a direction in the nature of Writ of Certiorarified Mandamus, calling for the records relating to the order made in No.210/PPA/Z (Kalapet)/2014/618 dated 06.02.2017 in confirming the order 1/4

made in No.210/PPA/Z(Kalapet)/2014/2296 dated 06.05.2016 passed by the 1st respondent quash the same and consequently direct the respondents 1 and 2 to process order of conversion of land and approval of building plan proposed in respect of the land comprised in R.S.No.128/6 as per the document Cad.No.140, 140 Bis 1/1 as per settlement 140 Pt., 140 Bis 1, 140 Bis 2, Patta No.76, situated at No.20, Kalapet Revenue Village, Ganapathychettikulam, Oulgaret Municipality, Puducherry an extent of 0.61 3⁄4 acres (25 acres equivalent 46 Kuzhies 11.2/9 Veesams) and pass such further orders.

For Petitioner :

Mr.R.Arumugam For R1 & R2 :

Mr.N.Nirmal Kumar, Government Advocate For R3 & R6 :

Mr.M.Magesh

O R D E R

This writ petition has been filed for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the order made in No.210/PPA/Z (Kalapet)/2014/618 dated 06.02.2017 in confirming the order made in No.210/PPA/Z(Kalapet)/2014/2296 dated 06.05.2016 passed by the 1st respondent quash the same and consequently direct the respondents 1 and 2 to process order of conversion of land and approval of building plan proposed in respect of the land comprised in R.S.No.128/6 as per the 2/4

document Cad.No.140, 140 Bis 1/1 as per settlement 140 Pt., 140 Bis 1, 140 Bis 2, Patta No.76, situated at No.20, Kalapet Revenue Village, Ganapathychettikulam, Oulgaret Municipality, Puducherry an extent of 0.61 3⁄4 acres (25 acres equivalent 46 Kuzhies 11.2/9 Veesams).

2. Learned counsel appearing for the petitioner would submit that initially the order of the building plan permission was not granted to the petitioner, and the same was rejected by the 1st respondent vide impugned order dated 06.02.2017 for the reason that the suit in O.S.No.64 of 2015 on the file of the II Additional Judge, District Court Puducherry, was pending, and the same was dismissed on 21.07.2023.

3. Learned counsel would further submit that subsequent to the judgment of the above Court in O.S.No.64 of 2015, the 1st respondent has issued the order of building plan permission on 30.01.2025. Hence, nothing survives in this writ petition for further adjudication. In the view of the above, the writ petition stands closed. No costs. Consequently, connected miscellaneous petitions are closed. 13.03.2025 cda Index : Yes/No Speaking/Non Speaking order 3/4

J.SATHYA NARAYANA PRASAD, J.

cda To 1.The Member Secretary, Puducherry Planning Authority, Jawahar Nagar, Boomianpet, Puducherry.

2.Chief Town Planner, The Town and Country Planning Authority, Jawahar Nagar, Boomianpet, Puducherry.

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