V.Pajanissamy v. Union Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.04.2025 CORAM :
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K.RAJASEKAR V.Pajanissamy ..
Petitioner -vs1. Union of India rep.by the Chief Secretary
2. The Director Local Administration Department
3. The Member Secretary Puducherry Planning Authority
4. The Superintending Engineer Irrigation Division Puducherry 605 001
5. The Commissioner Oulgaret Municipality
6. The Superintending Engineer Electricity Department
7. The Executive Engineer Public Health Division
8. The Sub Registrar Oulgaret, Puducherry 605 005
9. P.V.A.Selvam 10.S.Rajeswari ..
Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the permission in Form-2 bearing No.PPA/1160/1331/Z(4) /1996 dated 30.10.1996 and the Approved Building plan issued by the 3rd Respondent-PPA to the 10th respondent and quash the same and consequently, direct the Respondents 3 to 7 to implement the Demolition Notice bearing File No.5989/PPA/Z(SB/S)/PETITION/2021/7263 dated 24.11.2021 issued by the 3rd Respondent-PPA, disconnect the electricity
and water connections given to the illegal and unauthorized three storied building constructed by the Respondents 9 and 10 in the park provided in the Approved layout bearing No.PPA.348/75 dated 18.01.1976 in direct violation of the norms prescribed in the Pondicherry Town and Country Planning Act 1969 and the Pondicherry Building Bye- laws and Zoning Regulations 1972, demolish the said illegal and unauthorized three storied building, evict them and restore the said park for the use of the people living in the Approved Layout within the time that may be fixed by this Honble Court.
For Petitioner ::
Mr.T.P.Manoharan Senior Counsel for Mr.T.M.Naveen For Respondents ::
Mr.R.Sreedhar Additional Government Pleader (Puducherry) for R1 to R8 Mr.M.N.Kathir for R9 & R10
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM,J.) The writ petition has been instituted to implement the enforcement actions initiated by the authorities to demolish the unauthorized constructions.
2. The learned Senior Counsel appearing on behalf of the petitioner would submit that demolition notice was issued as early as on 24.11.2021. However, the authorities have not implemented the enforcement action for several years, which resulted in institution of the present writ proceedings.
3. The learned Additional Government Pleader appearing on behalf of the official respondents would submit that actions are initiated. The status report filed by the third respondent/Puducherry Planning Authority reveals that further notices are issued to the encroachers for vacating the premises. The learned Additional Government Pleader further states that all further enforcement actions will be continued without any lapse of time. Paragraphs 5 & 6 of the status report read as under:- "5. I further submit that the O.S.No.1869/2021 filed before I Additional District Munsif at Puducherry was disposed of as uncontested withdrawn on 14.02.2025. Subsequently, notices have been served to the tenants of the building on 25.04.2025, directing to vacate the building/premises within a week time for carrying out the demolition. Further, a demolition order has been passed by the 3rd respondent vide
No.5989/PPA/Z(SB/S)/2024-25/1100 dated 25.04.2025, directing the 10th respondent to restore the building as per approved plan of this Authority within 15 days, failing which demolition will be carried out by this Authority.
6. In view of the above, it is apprised that further course of action will be initiated in accordance with the provisions of the Town and Country Planning Act, 1969 and as per clause 20 of the Puducherry Building Bye law and Zoning Regulation, 2012."
4. In view of the above, the private respondents are at liberty to submit documents/explanation, if any, to the authorities for consideration. The enforcement actions already commenced must be continued by following the procedures and all unauthorized constructions/deviations are to be demolished. The said exercise is directed to be completed within a period of eight weeks from the date of receipt of a copy of this order. The official respondents are permitted to seek the assistance of the police, if required, for execution of the enforcement actions. The jurisdictional police shall provide adequate protection enabling the public authorities to implement the lawful orders. With the above direction, the writ petition
stands disposed of. Consequently, W.M.P.Nos.36040, 36041 & 36044 of 2024 are closed. No costs.
Post the matter after eight weeks 'for reporting compliance'. Index : yes (S.M.S.,J.) (K.R.S.,J.) 28.04.2025 ss To
1. The Chief Secretary
2. The Director Local Administration Department
3. The Member Secretary Puducherry Planning Authority
4. The Superintending Engineer Irrigation Division Puducherry 605 001
5. The Commissioner Oulgaret Municipality
6. The Superintending Engineer Electricity Department
7. The Executive Engineer Public Health Division
8. The Sub Registrar Oulgaret, Puducherry 605 005
S.M.SUBRAMANIAM,J.
AND K.RAJASEKAR,J.
ss 28.04.2025