Mr.Dinadayalou Dayal v. The Chief Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.12.2018 CORAM :

The Hon'ble Mrs.V.K.TAHILRAMANI, CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE M.DURAISWAMY W.P. No.31716 of 2018 and W.M.P.No.36946 of 2018 Dinadayalou Dayal Proprietor, Hotel D'Europe Pvt. Ltd.

.. Petitioner -vs1.The Chief Secretary, Govt. of Pondicherry, Chief Secretariat, Pondicherry.

2.The Secretary to Government, Dept. of Town and Country Planning, Chief Secretariat, Pondicherry.

3.The Director, Town and Country Planning Authority, Jawahar Nagar, Pondicherry.

4.The Member Secretary, Pondicherry Planning Authority, Jawahar Nagar, Pondicherry.

5.The Commissioner, Pondicherry Municipality, Pondicherry.

6.The President, Sri Saradambal Temple, Elapillaichavady, Pondicherry.

.. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the 3rd respondent to made inspection over premises "Sri Saradambal Temple" situated in Elapillaichavady, Pondicherry and remove the unauthorized construction and deviation of the buildings and thereby take necessary action by considering petitioner representation dated 28/08/2018.

For Petitioner :

Mr.V.Sivalingam For Respondents :

Mr.C.T.Ramesh Addl. Govt. Pleader (Pondicherry) for RR 1 to 5

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) The prayer of the petitioner is to consider his representation dated 28.08.2018 in relation to unauthorised construction and deviation of the building situated in Elapillaichavady, Pondicherry, which, according to the petitioner, is over a temple called "Sri Saradambal Temple", i.e., respondent no.6.

2.Mr.C.T.Ramesh, learned Additional Government Pleader (Pondicherry), takes notice on behalf of respondent nos.1 to 5 and states that they will consider the representation of the petitioner dated 28.08.2018 within six weeks from today. 3.In view of the statement made by the learned Additional Government Pleader (Pondicherry) on behalf of respondent nos.1 to 5, nothing further survives in this writ petition and is, accordingly, disposed of.

No costs. Consequently, W.M.P.No.36946 of 2018 is also dismissed.

Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar sra To 1.The Chief Secretary, Govt. of Pondicherry, Chief Secretariat, Pondicherry.

2.The Secretary to Government, Dept. of Town and Country Planning, Chief Secretariat, Pondicherry.

3.The Director, Town and Country Planning Authority, Jawahar Nagar, Pondicherry.

4.The Member Secretary, Pondicherry Planning Authority, Jawahar Nagar, Pondicherry.

5.The Commissioner, Pondicherry Municipality, Pondicherry.

+1cc to Mr.V.Sivalingam, Advocate, S.R.No. 83599 +1cc to the Government Pleader, S.R.No. 83577 W.P.No.31716 of 2018 RGN(CO) GN(24/12/2018)