M.Sivagami v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.03.2026 CORAM :

THE HONOURABLE MR. SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN WP No.9972 of 2026 and WMP N o .10798 of M.Sivagami W/o.Manivannan No.24, E.C.R. Main Road, Ganapathichettikulam, Kalpet-605 014 Union of Territory of Puducherry.

Petitioner(s) Vs

1. The Secretary to Government (Town and Country Planning-cum- Chairman, PPA) Puducherry.

2. The Member Secretary Puducherry Planning Authority, Jawahar Nagar, Boomianpet, Puducherry.

3. The Executive Engineer Electricity Department,

4. The Superintending (Operation and Maintenance of Puducherry region) Main Campus-No.137, NSC Bose Salai,

5. The Deputy Inspector General of Police (Law and order) Police Department,

6. Selvam Wife of late.Parthasarathy, No.2/40, Villima Street, Bommiyarpalayam, Vanur Taluk, Pin Code-605 104, Villupuram District.

Respondent(s) PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the second respondent to take appropriate action as are necessary to implement and give effect to the stop work notice bearing No.8109/PPA Z (Kalapet) Petition/2055/255, dated 11.02.2026 issued to the sixth respondent and prohibit the sixth respondent from proceeding further with the unauthorised construction.

For Petitioner(s):

Mr. M.Elumalai For Respondent(s):Mr. V.Vasanthakumar Additional Government Pleader (Puducherry) for R1 to R5

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Alleging that the respondent authorities are not taking further action pursuant to the stop work notice dated 11.2.2026 issued to the sixth respondent and that owing to the inaction on the part of the respondent authorities the sixth respondent is proceeding with the unauthorised construction, the writ petitioner, who is the mother of the sixth respondent, has filed the present writ petition.

2. Mr.V.Vasanthakumar, learned Additional Government Pleader (Puducherry), who accepts notice on behalf of respondent Nos.1 to 5, submits that further action pursuant to the stop work notice dated 11.2.2026 shall be taken in accordance with law. He further submits that the petitioner has already filed a suit against the sixth respondent and the same is pending consideration.

3. It is not in dispute that the petitioner has already filed a civil suit as against the sixth respondent in respect of the very same

property and the same is pending consideration. That part, this is not a case of inaction on the part of the respondent authorities. The respondent authorities have issued stop work notice on 11.2.2026 categorically stating that if work is not stopped immediately, action will be taken against the unauthorised construction as per the Puducherry Town and Country Planning Act, 1969 and the Puducherry Building Bye-Laws and Zoning Regulations, 2012. On the basis of written instructions, learned Additional Government Pleader appearing on behalf of the respondent authorities also submitted that further course of action will be taken in accordance with law.

5. In view of the above statement made by the learned Additional Government Pleader and the fact that a civil suit is already pending between the parties, we are not inclined to issue any further directions in this matter. If the petitioner is so aggrieved, she can always seek interim orders from the civil court to injunct the sixth respondent.

6. The writ petition is dismissed. There shall be no order as to costs. Consequently, interim application stands closed. (SUSHRUT ARVIND DHARMADHIKARI,CJ) (G.ARUL MURUGAN,J) 16.03.2026 Index :

Yes/No :

Yes/No sasi To:

1. The Secretary to Government (Town and Country Planning-cum- Chairman, PPA) Puducherry.

2. The Member Secretary Puducherry Planning Authority, Jawahar Nagar, Boomianpet, Puducherry.

3. The Executive Engineer Electricity Department,

4. The Superintending (Operation and Maintenance of Puducherry region) Main Campus-No.137, NSC Bose Salai,

5. The Deputy Inspector General of Police (Law and order) Police Department,

THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J.

(sasi) WP No.9972 of 2026 16.03.2026