K.Sivakumar v. Union Of India
In the High Court of Judicature at Madras Dated : 14.5.2025 Coram :
The Honourable Mr.Justice G.R.SWAMINATHAN and The Honourable Mr.Justice V.LAKSHMINARAYANAN Writ Petition No.18290 of 2025 & WMP.No.20484 of 2025 K.Sivakumar
...Petitioner
Vs 1.The Union of India, rep.by its Chief Secretary to Government of Puducherry, Puducherry-1.
2.The Member Secretary, Town & Country Planning Board, Jawahar Nagar, Boomiyanpet, Puducherry-5.
3.The Chairman & District Collector, Karaikal Town & Country Planning Authority, Karaikal District.
4.The Member Secretary, Karaikal Planning Authority, Karaikal District.
...Respondents
PETITION under Article 226 of The Constitution of India praying 1/5
for the issuance of a Writ of Certiorari to call for the records pertaining to the impugned order of demolition dated 07.5.2025 in proceedings No.339/KPA/KM-Kzvr/2025/424 passed by the 4th respondent and quash the same.
For Petitioner :
Mr.C.Prabakaran For Respondents :
Mr.R.Meiyappan, GA (Puducherry) Order of the Court was made by G.R.SWAMINATHAN,J Mr.R.Meiyappan, learned Government Advocate (Puducherry) accepts notice for the respondents. Heard both.
2. In the light of the order dated 18.3.2025 passed in W.P.No. 8549 of 2025, this writ petition is not maintainable. The petitioner's earlier writ petition was dismissed in the following terms : "5. In view of the fact that the authorities have already initiated action to remove the unauthorized constructions, the said exercise is to be completed. The learned Government Pleader, Pondicherry would make a complaint against the petitioner by stating that in the absence of any interim order passed by this Court, he has given a letter stating that the Court has orally passed an interim order, which misguided the authorities. 2/5
6. Though the said letter amounts to interfering with the administration of justice, taking lenient view, this Court is not inclined to initiate any further action. However, the actions initiated by the authorities to remove the unauthorized constructions must be completed within a period of eight (8) weeks from the date of receipt of a copy of this order."
3. The petitioner ought to have sought for review of the said order dated 18.3.2025. Filing a fresh writ petition is not an appropriate course of action.
4. Accordingly, the writ petition is dismissed. No costs. Consequently, the connected WMP is also dismissed. (G.R.S.J.) (V.L.N.J.) 14.5.2025 Index : Yes (or) No To 1.The Union of India, rep.by its Chief Secretary to Government of Puducherry, Puducherry-1.
2.The Member Secretary, 3/5
Town & Country Planning Board, Jawahar Nagar, Boomiyanpet, Puducherry-5.
3.The Chairman & District Collector, Karaikal Town & Country Planning Authority, Karaikal District.
4.The Member Secretary, Karaikal Planning Authority, Karaikal District.
RS 4/5
G.R.SWAMINATHAN,J AND V.LAKSHMINARAYANAN,J RS WP.No.18290 of 2025& WMP.No.20484 of 2025 14.5.2025 5/5