K.Balasubramaniam, v. The Member Secretary,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.11.2016 CORAM :
The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R.MAHADEVAN W.P. No.12933 of 2012 and M.P.No.1 of 2012 K.Balasubramaniam .. Petitioner -vs1.The Member Secretary, Pondicherry Planning Authority, Government of Pondicherry.
2.The Collector, Puducherry.
3.State Town Planning Authority, Government of Pondicherry 4.Chief Town Planner, Town Planning Authority, Government of Pondicherry, 5.Tamilselvi 6.M.Divya .. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct respondents 1 to 4 to take immediate action against the illegal construction in the abutting Plot No.22, 7th Cross Anna Nagar, Pondicherry 605 005, carried out by respondents 5 and 6. For Petitioner :
Mr.V.Raghavachari For Respondents :
No appearance
O R D E R
(Order of the Court was made by The Hon'ble Chief Justice) The allegation of the petitioner of unauthorized construction on plot No.22, 7th Cross Anna Nagar, Puducherry, by private respondents 5 and 6 remains unrebutted, as none has chosen to file the counter-affidavit. None appears for the respondents.
2.A direction is issued to the first respondent to cause an inspection to be made of the site in question to verify the position of any unauthorized construction by 5th and 6th respondents and in case, such unauthorized construction is found, to take action in accordance with law, after notice to all concerned. An inspection be carried out within fifteen (15) days of the receipt of this order and action, if any required, be taken within a period of two (2) months thereafter. 3.Writ petition, accordingly, stands disposed of. Consequently, M.P.No.1 of 2012 stands closed. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar To 1.The Member Secretary, Pondicherry Planning Authority, Government of Pondicherry.
2.The Collector, Puducherry.
3.State Town Planning Authority, Government of Pondicherry
4.Chief Town Planner, Town Planning Authority, Government of Pondicherry, +1cc to M/S.V.Raghavachari, Advocate Sr.63668 W.P.No.12933 of 2012 ug[co] srg 15/11/2016