S.Balabaskaran v. The Member Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.11.2025 CORAM :

THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN S.Balabaskaran S/o.Shanmugam, Plot No.71, 3rd Main Road, Kalyanasundaramurthy Nagar Reddiyarpalayam Puducherry 605 010 Petitioner Vs 1.The Member Secretary Puducherry Planning Authority, Jawahar Nagar, Boomianpet 2.The District Collector Office of the District Collector , 3.The Commissioner Oulgaret Municipality Jawahar Nagar,

4.The Revenue Officer Department of Revenue and Disaster Management 5.K.Suganthi W/o. Elangovan M/s. Sodexis India (P) Limited No.90, 3rd Main Road Kalyanasundaramurthy Nagar Reddiyarpalayam Puducherry 605 010 Respondents PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents 1 to 4 herein to demolish the unauthorized deviated construction of four storied Industrial building at R.S.No.113/1/A, Plot No.90, 3rd Main Road, Kalyanasundaramurthy Nagar, Reddiyarpalayam, Oulgaret Municipality, Puducherry in pursuance to the Notice No.102/PPA/Z (R/IND)/2019-24/2168 dated 10.10.2024 on the file of the first respondent within a time frame to be fixed by this Hon'ble Court. For Petitioner:

Mr.C.Munusamy For Respondents:

Mr.S.Raveekumar, Government Pleader (Puducherry) for respondent Nos.1 to 4

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Heard learned counsel for the parties.

2. Through this petition, the petitioner has sought issuance of mandamus directing the official respondents to take action against the alleged illegal construction being made by respondent No.5.

3. Learned counsel for the Union Territory of Puducherry, upon instructions, would submit that, though the authority had initiated action, the aggrieved fifth respondent has filed an appeal before the Puducherry Town and Country Planning Board, which is pending consideration.

4. The writ, as sought by the petitioner, cannot be granted, because the fifth respondent has taken remedy of appeal, which is pending before the competent authority. We leave the matter to be decided by the competent authority in accordance with law. No direction can be issued in this petition.

5. The writ petition is dismissed. There shall be no order as to costs.

(MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J) 03.11.2025 Index :

Yes/No :

Yes/No bbr To:

1.The Member Secretary Puducherry Planning Authority, Jawahar Nagar, Boomianpet 2.The District Collector Office of the District Collector , 3.The Commissioner Oulgaret Municipality Jawahar Nagar, 4.The Revenue Officer Department of Revenue and Disaster Management

THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J.

bbr 03.11.2025