R.Ramesh v. The Chariman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 22.03.2021

CORAM

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN W.P.No.8127 of 2020 R.Ramesh .. Petitioner

Versus

1.The Chairman, Puducherry City and Country Planning Authority, 2.The Secretary to Government (Housing), Secretariat, Pudhucherry, 3.The Member Secretary, Puducherry Planning Authority, 4.M.Thamizhselvam .. Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondent 1 to 3 remove or lock and seal or demolish the illegal and unauthorized construction made by the 4th respondent at Door No. 29, Jeeva Street, Shanmugapuram, Thattanchavady Revenue Village, Oulgaret Municipality, Puducherry and to pass.

For Petitioner : Mr.G.Mutharasu For RR 1 to 3 : Mr.D.Ravichander Additional Government Pleader (Puducherry) For RR4 : Ms.P.V.Rajeswari

ORDER

[Order of the Court was made by M.SATHYANARAYANAN, J.] By consent, the Writ Petition is taken up for final disposal and disposed of by this final order.

2. The petitioner claims to be a resident of Door No.29, Jeeva Street, Shanmugapuram, Thattanchavady Revenue Village, Oulgaret Municipality, Puducherry and came forward to file this Writ Petition alleging that the 4th respondent, in utter

violation of the relevant norms and regulations, has put up an unauthorized construction and repeated representations submitted in this regard have failed to invoke any kind of response.

3. Heard the submission of the learned counsel appearing for the petitioner and also perused the materials placed before it and it would disclose that civil proceedings are also pending between the father of the petitioner and the father of the 4th respondent.

4. The learned counsel appearing for the petitioner would submit that in the light of the fact that the 4th respondent has put up unauthorized / deviated constructions, action was taken and therefore, the 4th respondent has filed an Application dated 08.06.2016, seeking Building Plan Approval for the existing three storied residential building in R.S.No.155/5/Bpt and 155/5/C, bearing Door No.29, Jeeva Street, Shanmugapuram, Thattanchavady Revenue Village, Oulgaret Municipality, Puducherry, and the said request has been rejected vide communication of the Member Secretary, Puducherry Plan Authority, Puducherry, dated 10.06.2016 bearing No.874/PPA/Z (SB/T) 2016/2651 and though the 4th respondent said to have preferred an appeal, challenging the said order as early as on 13.06.2016, it is still kept pending for reasons best known to the Appellate Authority and taking advantage of the said fact, the 4th respondent continues to indulge in unlawful and illegal things and hence prays for appropriate orders.

5. Mr.D.Ravichander, learned Additional Government Pleader (Pondicherry) appearing for the respondents 1 to 3 would submit that the appeal dated 13.06.2016, filed by the 4th respondent, challenging the proceedings of the Member Secretary of Puducherry Plan Authority, dated 10.06.2016 (cited supra) would be considered and given disposal at the earliest in accordance with law.

6. Ms.P.V.Rajeswari, learned counsel appearing for the 4th respondent would submit that admittedly civil litigation is pending among the parties and the petitioner is repeatedly causing harassment to the 4th respondent in the form of various representations and further points out that whatever be the alleged deviation, it is well within the condonable limits and the said aspect has not been taken into consideration by the Member Secretary of the 1st respondent / authority and erroneously rejected the said request, vide proceedings dated 10.06.2016 and challenging the same, the appeal has also been preferred before the 1st respondent and the same is pending consideration and the 4th respondent is very much optimistic that the appeal would be allowed and prays for dismissal of this Writ

Petition with costs.

7. This Court has carefully considered the rival submissions and also perused the materials placed before it.

8. The fact remains that challenging the rejection of the request for Building Planning Approval for the existing three storied residential building put up by the 4th respondent in Door No.29, Jeeva Street, Shanmugapuram, Thattnachavady Revenue Village, Oulgaret Municipality, Puducherry, Statutory Appeal dated 13.06.2016 has been preferred by him and the same is pending consideration on the file of the 1st respondent.

9. In the light of the above facts and circumstances, this Court is of the considered view that it cannot pass any positive order, by directing the 3rd respondent to proceed further. This Court taking into consideration the above facts and circumstances, as well as consideration of the rival submissions, directs the 1st respondent to consider and dispose of the 4th respondent appeal dated 13.06.2016, on merits and in accordance with law, by also adhering to the principles of natural justice and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this order / uploading of the order in the Website and communicate the decision taken, to the 4th respondent as well as to the petitioner.

10. The Writ Petition stands disposed of, accordingly. No costs.

Sd/- Assistant Registrar (CS III) /TRUE COPY/ Sub-Assistant Registrar sk To 1.The Chairman, Puducherry City and Country Planning Authority, 2.The Secretary to Government (Housing), Secretariat, Pudhucherry,

3.The Member Secretary, Puducherry Planning Authority, +1CC TO MR.G.MUTHARASU, ADVOCATE, SR.NO. 18683 +1CC TO M/S.SPECIAL GOVERNMENT PLEADER, SR.NO. 19135 W.P.No.8127 of 2020 PCH(CO) KKN 20.04.2021