← Library
Madras High CourtWP/24797/2024disposed of

Josephine v. The Pondicherry Town And Country Planning Board

2024-08-27Honourable The Acting Chief Justice,Honourable Mr Justice P.B. Balaji5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.08.2024 CORAM :

THE HON'BLE MR.D.KRISHNAKUMAR, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.B.BALAJI Josephine ..

Petitioner Vs.

1. The Pondicherry Town and Country Planning Board Rep. by its Chairman Boomianpet Jawahar Nagar Pondicherry 605 005.

2. The Member Secretary Pondicherry Planning Authority Boomianpet Jawahar Nagar Pondicherry 605 005.

..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of Certiorari calling for the records relating to the order in No.15/PPA/Z(SARAM-R)/2019/DEMOLITION/631 dated 01.03.2024 and order No.

15/PPA/Z(SARAM-R)/ 2019/DEMOLITION/2194 dated 07.08.2024 passed by the 2nd

respondent and quash the same as illegal.

For the Petitioner : Mr.K.Sasindran For the Respondents : Mr.S.Raveekumar Government Pleader (P)

ORDER

(Order of the Court was made by the Hon'ble Acting Chief Justice) Assailing the demolition orders issued by the second respondent dated 01.03.2024 and 07.08.2024, the petitioner has filed the writ petition.

2. According to the petitioner, the appeal preferred by her to the first respondent on 12.03.2024, challenging the demolition order dated 01.03.2024 issued by the second respondent, has not been taken on file. Further, the second respondent has not considered the planning permit obtained by the petitioner before passing the impugned order.

3. Learned Government Pleader submits that the first respondent will decide the appeal against the order under challenge within four weeks.

4. In view of the above, the first respondent is directed to decide the appeal filed by the petitioner, as early as possible, preferably within a period of four weeks from the date of receipt of a copy of this order. Till such time, the respondents shall not take any coercive steps. The petitioner shall cooperate with the first respondent for deciding the appeal within the stipulated time. If the petitioner desires to submit any document, the same shall be submitted within one week from today.

5. The writ petition is disposed of. There shall be no order as to costs. Consequently, W.M.P.No.27142 of 2024 is closed. (D.K.K., ACJ.) (P.B.B., J.) 27.08.2024 Index :

Yes/No Yes/No kpl

To

1. The Chairman Pondicherry Town and Country Planning Board Boomianpet Jawahar Nagar Pondicherry 605 005.

2. The Member Secretary Pondicherry Planning Authority Boomianpet Jawahar Nagar Pondicherry 605 005.

D.KRISHNAKUMAR, ACJ, AND P.B.BALAJI ,J.

(kpl) 27.08.2024