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Madras High CourtWP/18395/2018disposed of

Nisanthi,W/O.Dineshkaran,No.23 v. The Puducherry Planning

2018-07-20Honourable Mr Justice K. Kalyanasundaram2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.07.2018

CORAM

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM WP.No.18395 of 2018

1. Nisanthi

2. J.Tamilventhan

...Petitioners

Vs.

1. The Puducherry Planning Authority, Jawahar Nagar, Boomianpet, Puducherry.

2. The Commissioner, Puducherry Municipality, Puducherry.

...Respondents

PRAYER:

Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus to direct the respondents to consider the petitioners representation dated 03.07.2018 consequently, direct the respondents to arrange road facilities to the petitioners' colony, Mallika Garden, Puducherry.

For Petitioners : Mr.S.N.Subramani For Respondents : Mr.J.Kumaran, G.A. (P)

ORDER

Mr.J.Kumaran, learned Government Advocate (Puducherry), takes notice for the respondents. By consent of the learned counsel appearing for the parties, the writ petition is taken up for final hearing at the admission stage itself.

2. The case of the petitioners is that the first petitioner purchased the Plot Nos.15 & 16 through a registered sale deed, dated 27.03.2014 and the second petitioner became the absolute owner of the property of plot No.14 vide sale deed, dated 28.12.2016. Since then, they have been in possession and enjoyment of the properties.

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3. The grievance of the petitioners is that the respondents have not formed proper road and no sewerage line was constructed and a representation sent in this regard was not considered and acted upon. Hence, they have come up with this writ petition.

4. The learned counsel for the petitioners would submit that it would suffice, if a direction is issued to the second respondent to consider the representation of the petitioners.

5. The learned Government Advocate (Puducherry) submitted that the representation of the petitioners would be considered in accordance with law.

6. In the light of the submissions of the learned counsels on either side and also considering the nature of prayer sought for in this writ petition, this Court, without going into the merits of the case, directs the second respondent to consider the representation of the petitioners dated 03.07.2018 and take appropriate action on merits and in accordance with law, after providing an opportunity of hearing to the necessary parties, within a period of three months from the date of receipt of a copy of this order.

7. With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar pvs To

1. The Puducherry Planning Authority, Jawahar Nagar, Boomianpet, Puducherry.

2. The Commissioner, Puducherry Municipality, Puducherry.

+ 1 cc to M/s. S.N. Subramani, Advocate SR.48358 WP.No.18395 of 2018 (CS-VII) EU(06/08/2018) https://hcservices.ecourts.gov.in/hcservices/