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Madras High CourtWP/40503/2025disposed of

Bondada Sitarama Chandra v. Union Of India

2025-11-07Honourable Mr.Justice V. Lakshminarayanan9 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.11.2025

CORAM

THE HON'BLE Mr.JUSTICE V.LAKSHMINARAYANAN Bondada Sitarama Chandra Murti .... Petitioner Vs 1.Union of India The Government of Puducherry Rep. by its Chief Secretary Chief Secretariat Goubert Avenue Puducherry - 605 001.

2.The Chief Town Planner Town & Country Planning Department Jawahar Nagar, Bhoomianpet Reddiarpalayam, Puducherry - 605 005.

3.The Member Secretary Yanam Planning Authority Yanam Puducherry UT - 533 464.

.... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 3 (one to three) to pass necessary orders to reclassify the land zone owned and 1/9

enjoyed by our family since 1987, from Industrial Zone into Commercial cum Residential Zone, measuring about Acres 1.31 cents being part of the larger extent of land comprised in T.S.No.A/9/28/19Apt, R.S.No.124pt, C.S.No.125/2pt, 125 bis pt and 131/2pt situate in Industrial Zone, Mettacur, Yanam, Puducherry UT and pass orders.

For Petitioner : Mr.S.Venkata Krishna Kumar For Respondents : Mr. A.Tamilvanan Additional Government Pleader for R1 to R3

ORDER

Heard Mr.S.Venkata Krishna Kumar for petitioner and Mr.A.Tamilvanan for the respondents.

2. The petitioner seeks change in the land zone from industrial to commercial and residential zone, for the lands situated in T.S.No.A/9/28/9 and T.S.No.A/9/28/19pt at Draksharama Road, Yanam, Union Territory of Puducherry. The petitioner has been approaching the respondents from April 2018 onwards. Initially, the respondents have informed that a Comprehensive Development Plan is contemplated for Yanam, and when 2/9

the said development plan is brought into force, the petitioner's request would be considered. Accordingly, in the Comprehensive Development Plan drafted for the Yanam Town, the land use of the petitioner had been notified as commercial. Objections were called for in October 2023. After receipt of the same, it was submitted to the Government for final approval, a year later, on 10.10.2024.

3. This plan was placed before His Excellency the Lieutenant Governor of Puducherry, who has suggested certain modifications regarding the change in land uses for flood prone / Gowthami-Godavari river margin areas, before the finalisation of Comprehensive Development Plan.

4. The respondents, therefore, decided to consult the expertise of National Institute of Urban Affairs (NIUA), New Delhi. The said Institute also submitted its opinion on 12.08.2025. The report is said to have discussed by the Yanam Planning Authority on 07.10.2025.

5. As the petitioner has been patiently waiting from 2018 onwards, and finding no solution to his issues, despite having approached this Court 3/9

on more than one occasion, he was constrained to file the present writ petition.

6. On the day of admission (i.e., on 30.10.2025), I requested Mr.A.Tamilvanan to take notice for the respondents and get proper instructions from the Yanam Town Planning Authority. Mr.A.Tamilvanan reports today, that the Chief Town Planner had instructed him, that the proposal for final notification will be sent to the Government at the earliest and will be finalised within a period of three months from today. The instructions given to Mr.A.Tamilvanan, which is passed across to this Court, is scanned and extracted hereunder :

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7. The petitioner has been patiently waiting only for a period of seven years. It is unfortunate that he is unable to enjoy the property in the way he desires, on account of the manner in which the comprehensive development plan for a tiny town of Yanam, has been dealt by the respondents. The petitioner, unlike few other fellow citizens, has not taken the law into his hands and breached any condition, in violation of the land zone use. The authorities should come to the assistance of such persons who have been waiting for seven years and above, instead of delaying the matter by shuttling the files from Yanam to Puducherry, and from Puducherry to Yanam. Such delay certainly does not assist or encourage the respect of a land zone user.

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8. In any event, the Chief Town Planner of the Town and Country Planning Department, Government of Puducherry has undertaken before this Court that the entire exercise will be completed within a period of three months. This writ petition is disposed of, recording the same as the undertaking given by the said Authority, to this Court. Needless to add, in case there is any breach thereof, the petitioner need not trouble the Court again by way of another writ petition, but would be free to initiate contempt action, for which, appropriate orders would be passed by this Court. No costs.

07.11.2025 Index : Yes / No Speaking order / Non-speaking order ds 7/9

To:

1.Union of India The Government of Puducherry Rep. by its Chief Secretary Chief Secretariat Goubert Avenue Puducherry - 605 001.

2.The Chief Town Planner Town & Country Planning Department Jawahar Nagar, Bhoomianpet Reddiarpalayam, Puducherry - 605 005.

3.The Member Secretary Yanam Planning Authority Yanam Puducherry UT - 533 464.

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V.LAKSHMINARAYANAN,J.

ds 07.11.2025 9/9