Madras High CourtWP/21200/2019disposed of

Maddichetty Vnekata Satya Prasad v. Union Of India,

2024-09-26Honourable Mr Justice G.K. Ilanthiraiyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.09.2024

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Maddimchetty Venkata Satya Prasad ... Petitioner Vs.

1 Union of India, Government of Puducherry, Rep. by Chief Secretary, Puducherry.

2 The Chairman Yanam Planning Authority, Yanam, Puducherry State.

3 The Member Secretary The Town and Country Planning Authority Mini Civil Station, Yanam, Puducherry State.

4 Maddimchetty Ziyana ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 3rd respondent to consider the petitioner's representation dated 24/06/2019 forbearing the respondents 1/5

2 and 3 from granting layout approval to the 4th respondent for the temple lands measuring an extent of H.00. A.20.Ca.60, comprised in C.S.No.80/4/4 pt., R.S.No.108/5, T.S.No.A/9/8/5 and land measuring an extent of H.00.A 17.Ca.80, situated at Mettacur, Yanam, Puducherry State.

For Petitioner : Mr.R.Agilesh for M/s.T.Dhanasekaran For Respondents : Mr.Ramasamy Meyappan Government Advocate (Pondy) for RR 1 to 3 Mr.K.Kannadasan, for R4 *******

O R D E R

This Writ Petition has been filed for a direction, directing the 3rd respondent not to grant any lay out approval in favour of the 4th respondent for the lands measuring an extent of H.00.A.20.Ca.60, comprised in C.S.No.80/4/4 pt., R.S.No.108/5, T.S.No.A/9/8/5 and land measuring an extent of H.00.A.17.Ca.80, situated at Mettacur, Yanam, Puducherry State. 2/5

2. It is seen that the title dispute in respect of the same land is pending in S.A.No. 132 of 2019 before this Court. Therefore, the application submitted by the 4th respondent for lay out approval in respect of the subject land is kept in abeyance in the Office of the 3rd respondent.

3. In view of the above, the 3rd respondent is directed to consider the application submitted by the 4th respondent and pass orders on merits and in accordance with law. It is made clear that the order passed will be subject to result of the Second Appeal.

4. This Writ Petition is disposed of with the above directions. No costs.

26.09.2024 kkn Internet : Yes/No Index : Yes/No Speaking order:Yes/No 3/5

To 1 The Chief Secretary, Union of India, Government of Puducherry, Puducherry.

2 The Chairman Yanam Planning Authority, Yanam, Puducherry State.

3 The Member Secretary The Town and Country Planning Authority Mini Civil Station, Yanam, Puducherry State.

4/5

G.K.ILANTHIRAIYAN, J.

KKN 26.09.2024 5/5