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Madras High CourtWP/34344/2024closed

K.Vedanayagam v. Union Territory Of Puducherry

2025-06-20Honourable Mrs Justice J. Nisha Banu,Honourable Mr.Justice M.Jothiraman8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20-06-2025

CORAM

THE HONOURABLE MRS JUSTICE J. NISHA BANU AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN and W.M.P.No.37215 of 2024

1. K.Vedanayagam S/o.Kalyanasundaram, No.1, Zamindar Garden, Puducherry- 605 001.

Petitioner(s) Vs

1. Union Territory Of Puducherry Rep By Its Chief Secretary To Government, Puducherry.

2.The Member Secretary Puducherry Planning Authority, Jawahar Nagar, Boomianpet, Puducherry 3.The Deputy Commissioner - CumDeputy Collector (excise), Revenue Department, Puducherry 4.The Chief Town Planner Town And Country Planning Board,

Town And Country Planning Department, Government Of Puducherry, Jawahar Nagar, Bommianpet, Puducherry 5.The Commissioner Puducherry Municipality, Puducherry 6.The Pondicherry Co- Operative Wholesale Stores Limited Rep By Its Managing Director, No.288, Amudha Surabi Building, M.G.Road, Puducherry 7.M.Ramesh Goupta S/o.U.Madhavan, M/s. Vasavi Rsidenzcy, No.133, 135, 137, Sardar Vallabai Patel Street, Puducherry-605 001.

Respondent(s) PRAYER Directing the respondents 1 to 5 herein to initiate appropriate action against the 7th respondent herein and remove the Elite Liquor Shop run by the 6th respondent herein in the stilt floor of M/s. Vasavi Residenzcy situated at No.133, 135, 137, sardar vallabai patel Street, puducherry- 605 001 which was illegally and unauthorisedly constructed by converting the area reserved for parking space into a commercial shop.

For Petitioner(s):

Mr. S.Prem Auxilian Raj For Respondent(s):

Mr. V.Vasanthakumar Additional Government Pleader (Pondy) for R1 To R6 M/s. Gopika Nambiar For R7

ORDER

(Order of the Court was made by J.NISHA BANU, J.) The present Writ Petition is filed for the issuance of a Writ of Mandamus directing the respondents 1 to 5 herein to initiate appropriate action against the th respondent herein and remove the Elite Liquor Shop run by the 6 th respondent herein in the stilt floor of M/s. Vasavi Residenzcy situated at No.133, 135, 137, Sardar Vallabai Patel Street, Puducherry- 605 001, which was illegally and unauthorisedly constructed by converting the area reserved for parking space into a commercial shop.

2. This Court, by order dated 13.03.2025, directed the respondents 1 to 5 to initiate all appropriate actions to remove the unauthorized constructions within a period of three weeks. Challenging the same, the 7 th respondent filed S.LP.No.8867-8868/2025 before the Hon'ble Supreme Court and the Hon'ble Supreme Court by order dated 01.04.2025 passed the following order:- "1. We are not inclined to interfere with the impugned judgment (s) and order(s) of the High Court. However, the special leave petitions stand disposed of with the following directions: (i) By 3 rd April, 2025, the petitioner shall stop carrying on liquor business from the subject premises.

(ii) If the petitioner complies with the aforesaid direction, the respondents shall not take any action against the petitioner till his pending appeal is decided.

(iii) The pending appeal shall be decided within a month from date, positively.

2. The writ petition before the High Court may stand over for five weeks from date.

3. Pending application (s), if any, stand closed."

3. Today when the matter is taken up for hearing, the learned Additional Government Pleader (Pondy) produced a letter addressed to the Government Pleader (Puducherry) dated 20.06.2025 stating that the 7 th respondent has raised the height of the building more than the permissible height and not provided any parking space and hence, the Board of Puducherry Planning Authority decided to direct the 7 th respondent to restore the building as per the approved building plan. The relevant paragraph of the letter reads as follows:- "6. Subsequently, the matter was taken up by the Puducherry Town and Country Planning Board as per the directions of the Hon'ble Supreme Court of India in its meeting held on 07.04.

2025 and decided as follows:- "As directed by the Supreme Court of India: "the appellant has raised the height of the building more than the permissible height and not provided any parking space which are clear violation against the Puducherry Building Bye Law 2012 notified under Sec 47 of the Puducherry Town and Country Planning Act 1969. Hence, the Board decided to direct the appellant to restore the building as per the approved building plan within 12 weeks from the date of receiving the decision of the Board."

3. The learned counsel for the 7 th respondent submits as per the direction of the Hon'ble Supreme Court, the liqour shop has been removed.

4. As far as the prayer sought for in this Writ Petition and the direction of the Supreme Court passed in SLP.No.8867-8868 dated 01.04.2025 is concerned, the letter of the Member Secretary, Puducherry Planning Authority, Puducherry, dated 20.06.2025, produced before this court, would go to show that the Liquor shop has been vacated. In para 5 of the said communication, it is stated as under:- " 05. In compliance to the directions of Supreme Court of India, the Liquor shop has been vacated....."

5. Insofar as the other violations pointed out by the Puducherry Planning Authority, the Puducherry Town and Country Planning Board directed the 7 th respondent to restore the building as per the approved building plan within 12 weeks from the date of receiving the decision of the Board. Therefore, the 2 nd respondent is directed to follow up and ensure that the 7 th respondent has restored the building as per the approved plan and if the deviation has not been rectified within the time stipulated, the 2 nd respondent shall take necessary enforcement action in accordance with law.

6. The writ petition is disposed of with the above direction. No costs. Consequently, connected Miscellaneous Petition is closed. (J.NISHA BANU J.) (M.JOTHIRAMAN J.) 20-06-2025 ASI/nvsri

To

1. The Chief Secretary to Government, Union Territory Of Puducherry Puducherry.

2.The Member Secretary Puducherry Planning Authority, Jawahar Nagar, Boomianpet, Puducherry 3.The Deputy Commissioner - CumDeputy Collector (excise), Revenue Department, Puducherry 4.The Chief Town Planner Town And Country Planning Board, Town And Country Planning Department, Government Of Puducherry, Jawahar Nagar, Bommianpet, Puducherry 5.The Commissioner Puducherry Municipality, Puducherry 6.The Managing Director, The Pondicherry Co- Operative Wholesale Stores Limited No.288, Amudha Surabi Building, M.G.Road, Puducherry 7.M.Ramesh Goupta S/o.U.Madhavan, M/s. Vasavi Rsidenzcy, No.133, 135, 137, Sardar Vallabai Patel Street, Puducherry-605 001.

J.NISHA BANU J.

AND M.JOTHIRAMAN J.

ASI W.P. No. 34344 of 2024 and W.M.P.No.37215 of 2024 20-06-2025