K.Latha@Pushpaleela v. Union Territory Of Puducherry
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.08.2023
CORAM
THE HON'BLE MRS. JUSTICE J.NISHA BANU AND THE HON'BLE MRS. JUSTICE N.MALA and W.M.P.No. 15353 of 2021 K.Latha @ Pushpaleela ... Petitioner Vs.
1. Union Territory of Puducherry Rep.by its Chief Secretary Secretariat, Puducherry.
2.The Union Territory of Puducherry Rep.by its Secretary Housing Department Secretariat, Puducherry.
3.The Member Secretary Puducherry Town and Country Planning Authority Jawahar Nagar, Puducherry - 605 005.
4.Sivabakkiyam @ Sowbakkiyam 5.Jagathy 6.V.Deepika @ Thibiya Page 1/6
7.V.Saranya 8.V.Lakshminarayanan 9.Kuzhanthai @ Unnamalai 10.L.Manikandan 11.L.Vinoth Kumar 12.The Chief Town Planner, Town and Country Planning Department Government of Puducherry.
(R12 suo-motu impleaded by this Court vide order dated 25.08.2023 made in W.P.No.14472 of 2021) ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus, to direct the respondents 2 and 3 herein to issue stop work notice to the unauthorized construction put up by the respondents 4 to 11 herein on the petitioner's property situate in R.S.No.146/3 Cadastre No.2045/1/2 Part to an extent of 1 Kuzhi 09.5/8 Veesams = 922 1⁄2 sq.ft in Thattanchavady Revenue Village, Patta No.822, Uzhavarkarai Municipal Limits, Puducherry, having bounded by East of Manicka Chettiyar Plot, West of Rajasri Plot, South of Munusami Kounder's North side Plot, North of Vazhudhavur Salai, as per provision Section 45 of Puducherry Town and Country Planning Act, 1969 coupled with Section 20 of Puducherry Building Bye-laws and zoning Regulations, 2012. Page 2/6
For Petitioner : Mr.P.Dinesh Kumar For Respondents : Mr.J.Kumaran Additional Government Pleader for RR1 to 3 Mr.M.Manimaran for RR4 to 11
ORDER
(Order of the Court was made by J.NISHA BANU, J.,) This Writ Petition has been filed to direct the respondents 2 and 3 herein to issue stop work notice to the unauthorized construction put up by the respondents 4 to 11 herein on the petitioner's property situated in R.S.No.146/3 Cadastre No.2045/1/2 Part, to an extent of 1 Kuzhi 09.5/8 Veesams = 922 1⁄2 sq.ft in Thattanchavady Revenue Village, Patta No.822, Uzhavarkarai Municipal Limits, Puducherry, as per Section 45 of the Puducherry Town and Country Planning Act, 1969 coupled with Section 20 of Puducherry Building Bye-laws and zoning Regulations, 2012. 2.It is the case of the petitioner that he is the absolute owner of the above mentioned property. While so, the respondents 4 to 11 have illegally trespassed into the petitioner's property and started constructing a building. Page 3/6
When the same was came to the knowledge of the petitioner, he immediately addressed a detailed representation to the official respondents, specifically to the 3rd respondent. Since the official respondents did not take any action, he filed the present Writ Petition.
3.The learned Additional Government Pleader appearing for the respondents 1 to 3 would submit that based on the representation of the petitioner the 3rd respondent sent the refusal cum demolition notice dated 23.09.2021 to the respondents 9 to 11. Aggrieved against the said notice, the respondents 9 to 11 preferred an appeal on 08.10.2021 before the 12th respondent and the same is pending. Therefore, he would submit that it would suffice if a direction is issued to the 12th respondent, to dispose of the appeal preferred by the respondents 9 to 11, within a time frame to be stipulated by this Court.
4.In view of the submissions made by the learned Additional Government Pleader, this Court without expressing any opinion on the merits of the matter, directs the 12th respondent to pass orders on the appeal dated 08.10.2021 preferred by the respondents 9 to 11, on merits and in accordance Page 4/6
with law, within a period of four weeks from the date of receipt of a copy of this order.
5.With the above direction, the Writ Petition stands disposed of. No costs. Consequently connected miscellaneous petition is closed. (J.N.B., J.) (N.M., J.) 25.08.2023 Jer Index : Yes / No Internet : Yes / No To
1. The Chief Secretary Union Territory of Puducherry Secretariat, Puducherry.
2.The Secretary Union Territory of Puducherry Housing Department Secretariat, Puducherry.
3.The Member Secretary Puducherry Town and Country Planning Authority Jawahar Nagar, Puducherry - 605 005.
4.The Chief Town Planner, Town and Country Planning Department Government of Puducherry.
Page 5/6
J. NISHA BANU, J.
and N.MALA, J.
Jer and W.M.P.No. 15353 of 2021 25.08.2023 Page 6/6