Madras High CourtWP/16537/2020disposed of

V.Sundar v. Union Of India,

2021-02-04Honourable The Chief Justice,Honourable Mr Justice Senthilkumar Ramamoorthy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.02.2021 CORAM :

THE HON'BLE MR.SANJIB BANERJEE, THE CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.No.16537 of 2020 V.Sundar ...

Petitioner Vs 1 Union of India Rep by the Chief Secretary Government of Puducherry Union Territory of Puducherry O/o.The Chief Secretariat Puducherry 605 001 2 The District Collector Union Territory of Puducherry Puducherry 3 The Secretary Town and Country Planning Union Territory of Puducherry O/o.The Chief Secretariat Puducherry 605 001 4 The Member Secretary Puducherry Planning Authority Jawahar Naghar Boomiyanpet Puducherry 5 M/s.SCM Clothes (P) Ltd Rep by its Director K.S.Veeramani No.55

(2) Saibaba Nagar Valayankadu Tiruppur 641 603 ...

respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 to 3 to take action on the basis of the petitioner representation dated 15.10.2020 and to direct the respondents 1 to 4 to demolish the unauthorized constructions the Chennai Silks Pvt. Ltd. and Sri Kumaran Thanga Nagai Maaligai Pvt. Ltd. in Ward I Block 2 T.S. No.3 4 5 6 and 7 in Pudupalayam Revenue Village Puducherry

For petitioner ::

Mr.M.Gnanasekar For respondents ::

Ms.N.Mala, G.P. (Puducherry) for respondents 1 to 4

ORDER

(made by SENTHILKUMAR RAMAMOORTHY, J.) This writ petition is filed in respect of the alleged unauthorized construction by Chennai Silks Pvt. Ltd. and Sri Kumaran Thanga Nagai Maaligai Pvt. Ltd., in Puducherry.

2. The petitioner states that he gave a complaint to the Puducherry Planning Authority about the unauthorized construction erected by the Chennai Silks Pvt. Ltd. and Sri Kumaran Thanga Nagai Maaligai Pvt. Ltd., in a commercial area in Puducherry. In spite of the receipt of such representation, the petitioner states that the unauthorized construction was allowed to be proceeded with. The learned Government Pleader submits that the representations were responded to.

3. In several matters of this description, this Court observed that it is not inclined to exercise discretionary jurisdiction in public interest litigation unless the matter has a significant impact on the larger public interest. This case does not qualify as one impacting the larger public interest significantly.

4. Consequently, without examining the merits of the representations that were given by the writ petitioner, the petitioner is permitted to submit a fresh representation and the official respondents concerned are directed to consider the representation and dispose of the same by a speaking order after providing a reasonable opportunity to all affected parties including Chennai Silks Pvt. Ltd. and Sri Kumaran Thanga Nagai Maaligai Pvt. Ltd., within a period of eight weeks from the date of receipt of such representation. In case the petitioner is aggrieved thereby, it is open to the petitioner to pursue legal remedies, otherwise than by way of a public interest litigation, after establishing his locus standi. The writ petition is disposed of accordingly. Consequently, W.M.P.No.2788 of 2021 is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

tar To:

1 The Chief Secretary Government of Puducherry Union Territory of Puducherry O/o.The Chief Secretariat Puducherry 605 001 2 The District Collector Union Territory of Puducherry Puducherry 3 The Secretary Town and Country Planning Union Territory of Puducherry O/o.The Chief Secretariat Puducherry 605 001 4 The Member Secretary Puducherry Planning Authority Jawahar Naghar Boomiyanpet Puducherry +1cc to Mr.M.Gnanasekar, Advocate SR.6369 W.P.No.16537 of 2020 BS(CO) CB(16/02/2021)