S.Karthi v. Union Territory Of Puducherry
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.08.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU S.Karthi .. Petitioner Vs 1.Union Territory of Puducherry, rep. by its The Chief Secretary to Government, Secretariat, Beach Road, Puducherry.
2.The Secretary to Government, Housing Department, Chief Secretariat, Beach Road, Puducherry.
3.The Inspector General of Police, Police Head Quarters, Puducherry.
4.Puducherry Town and Country Planning Authority, rep. by its Chairman, 5.The Member Secretary, Puducherry Planning Authority,
6.The Chief Town Planner, Government of Puducherry, Town and Country Planning Department, 7.The Commissioner, Oulgaret Municipality, 8.M/s.K.V. Tex Firm, rep. by its Partner M.Kannappan 9.M.Venateshwaran, Partner M/s.K.V. Tex Firm.
10.K.Lakshmi Partner M/s.K.V. Tex Firm.
11.V.Sornadeivanai, Partner M/s.K.V. Tex Firm 8 to 11 are at Door No.91a, Sannathi Street, Thirupapuliyur, Cuddalore-607 002.
.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents 1 to 7 not to sanction/approve the revised plan submitted by the 8th to 11th respondents in respect of the Commercial Building constructed in the lands comprised in R.S.No.172/2A/1A/1A/6,7,8,9,10,11 and 43 Plot Nos.4,5,6,21,22,23 and 24, Villianur Main Road/Puducherry-Villupuram National Highway (NH-45) Natesan Nagar, Reddiyarpalayam Revenue Village within Oulgaret Municipality, Puducherry without fulfilling the provisions of the Puducherry Town and Country Planning Act and other laws.
For the Petitioner : Mr.S.P.Sudalaiyandi for Mr.K.Premkumar For the Respondents : Mr.Ramasamy Meyyappan for respondent Nos.1 to 7 : Mr.L.Muralikrishnan for respondent Nos.8 to 11
ORDER
(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.S.P.Sudalaiyandi, learned counsel for the petitioner; Mr.Ramasamy Meyyappan, learned counsel for respondents 1 to 7 and Mr.L.Muralikrishnan, learned counsel for respondents 8 to 11.
2. The petitioner alleges deviations in the six-storeyed commercial building constructed in the lands comprised in R.S.No.172/2A/1A/1A/6,7,8,9,10,11 and 43 Plot Nos.4,5,6,21,22,23 and 24, Villianur Main Road/Puducherry-Villupuram National Highway (NH-45) Natesan Nagar, Reddiyarpalayam Revenue Village within Oulgaret Municipality, Puducherry.
3. Learned counsel for the petitioner submits that respondents 8 to 11 have carried out construction of six-storeyed commercial building not in accordance with the construction permission and there are deviations in the said construction.
4. The petitioner does not appear to be an adjacent resident. The petitioner has nowhere stated how he is affected by the said construction.
5. The petitioner alleges deviations in the construction. If there is any deviation, the Planning Authority would consider the said aspect.
6. The writ petition, as such, is disposed of. There will be no order as to costs. Consequently, W.M.P.No.21893 of 2018 is closed. (S.V.G., CJ.) (P.D.A., J.) 17.08.2023 Index :
Yes/No Yes/No bbr
To:
1.The Chief Secretary to Government, Union Territory of Puducherry, Secretariat, Beach Road, Puducherry.
2.The Secretary to Government, Housing Department, Chief Secretariat, Beach Road, Puducherry.
3.The Inspector General of Police, Police Head Quarters, Puducherry.
4.Puducherry Town and Country Planning Authority, rep. by its Chairman, 5.The Member Secretary, Puducherry Planning Authority, 6.The Chief Town Planner, Government of Puducherry, Town and Country Planning Department, 7.The Commissioner, Oulgaret Municipality,
THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU,J.
bbr 17.08.2023