A.Balamurugan v. The Secretary (Housing And Town Planning)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.06.2025 C O R A M THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN and W.M.P.Nos.25721 and 25722 of 2025 A.Balamurugan ... Petitioner -vs1. The Secretary (Housing & Town Planning), Chief Secretariat, Goubert Avenue, Pondicherry-605 001.

2. The Chief Town Planner-cum-Member Secretary, Town and Country Planning Board, Town and Country Planning Department, Puducherry.

3. The Member Secretary, Puducherry Planning Authority, Jawahar Nagar, Boomanipet, Puducherry.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari to call for the records pertaining to the demolition order in No.1210/PPA/Z(SB/Karu)/2015-25/1658 dated 20.06.2025 issued by the 3rd respondent herein and to quash the same. 1/4

For Petitioner : Mr.P.Vetrivel For Respondents : Mr.V.Vasanthakumar Addl. Govt. Pleader (Pondy) *****

O R D E R

(By J.Nisha Banu,J.) When the matter is taken up for hearing, it is represented by the learned Additional Government Pleader (Pondy), appearing for the respondents that earlier, the First Bench of this Court has passed an interim order dated 19.06.2025 in W.P.No.11070 of 2025 in respect of the same building in question. The relevant portions of the interim order reads as follows:

"Shri Sreedhar takes notice for respondent Nos.1 to 6. He also tenders a copy of the notice dated 16.6.2025, which is obviously after knowing that the matter will be listed today on 19.6.2025.

2. The Member Secretary, who has issued notice dated 16.6.2025, shall show-cause as to why he should not be held to be guilty of dereliction of duty, when, admittedly, as stated in the letter, a demolition notice was issued to respondent No.7 on 19.9.2022. In fact, the letter also directs that respondent No.7's appeal was disposed and a communication dated 5.3.2018 was issued to respondent No.7 to comply with the directions given by the National Highways Division, PWD. Admittedly, that has not been complied with.

3. Shri Sreedhar states states affidavit of respondent 2/4

No.3 shall be filed and copy served upon petitioner's advocate within one week.

4. Shri Sreedhar states that this week itself action will be taken.

5. Notice be also issued to respondent No.7. Private notice is also permitted. Affidavit of service shall be served within one week."

2. It is further represented by the learned Additional Government Pleader (Pondy) that suppressing several vital facts, the present Writ Petition has been filed.

3. When this Court was about to dismiss the writ petition with costs, Mr.P.Vetrivel (E.No.3383 of 2021) learned counsel for the petitioner sought permission of this Court to withdraw this petition and he has also made an endorsement to that effect in the Court bundle.

4. Permission is granted. This Writ Petition is dismissed as withdrawn. No costs. Consequently, connected Miscellaneous Petitions are closed.

(J.N.B.J.,) (M.J.R,J.,) 25.06.2025 Index: Yes/No Internet: Yes/No ar 3/4

J.NISHA BANU, J.

AND M.JOTHIRAMAN , J.

ar To:

1. The Secretary (Housing & Town Planning), Chief Secretariat, Goubert Avenue, Pondicherry-605 001.

2. The Chief Town Planner-cum-Member Secretary, Town and Country Planning Board, Town and Country Planning Department, Puducherry.

3. The Member Secretary, Puducherry Planning Authority, Jawahar Nagar, Boomanipet, Puducherry.

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