Dismissed¶48

A.Sarbudeen v. the Senior Town Planner

Madras HC5 Feb 2025WP/34856/2024

Case brief

AI extract

What is this about?

W.P.No.34856 of 2024; Madras High Court; S.M. Subramaniam J.; K. Rajasekar J.; Karaikal Planning Authority; Member Secretary; unauthorised construction; unauthorised building; eviction notice; demolition; revised building plan permission; building plan deviation; cantilever projection; setback; Pondicherry Town and Country Planning Act; Article 226; writ of certiorarified mandamus; Puducherry; Karaikal District; Superintendent of Police police protection; dismissal of writ petition.

What did the court decide?

No relief to the petitioners; the writ petition was dismissed with directions to the 5th respondent to demolish the unauthorised portion and evict the petitioners within 8 weeks, with police protection; connected miscellaneous petitions, if any, closed; no costs. ¶48

A.Sarbudeen Vs the Senior Town Planner — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the eviction proceedings dated 10.10.2024 issued by the Member Secretary of Karaikal District Planning Authority against the petitioners' unauthorised building are liable to be quashed. +1 more

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Court's answer

The Court found no force in the contentions raised on behalf of the petitioners, since the petitioners themselves admitted that there is an unauthorised construction.

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Ratio / Principle

The 5th respondent is directed to ascertain the unauthorised portion of the subject building, as stated in the impugned order dated 10.10.2024, and demolish the same by evicting the petitioners within 8 weeks from receipt of a copy of the order.

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Key takeaways

The Superintendent of Police, Karaikal District is directed to provide adequate police protection to the 5th respondent for the purpose of eviction and demolition of the unauthorised portion.ratio¶47

Detailed headnote1 paragraphs

Madras High Court (order by S.M. Subramaniam, J.; bench of S.M. Subramaniam and K. Rajasekar, JJ.) dismisses a writ petition under Article 226 of the Constitution of India seeking certiorarified mandamus to quash eviction proceedings No.1883/KPA/KM-Mvly/325/2020/675 dated 10.10.2024 passed by the Member Secretary, Karaikal Planning Authority, against a commercial-cum-residential building at Thirunaalar Road, Karaikal. The petitioners admitted unauthorised construction and had a pending application for revised building plan permission; the Additional Government Pleader (Puducherry) stated there is no provision under the Pondicherry Town and Country Planning Act to approve a revised plan or compound the illegality. Holding that the petitioners' own admission of unauthorised construction left no force in their contentions, the Court directed the 5th respondent to ascertain and demolish the unauthorised portion and evict the petitioners within 8 weeks, with the Superintendent of Police, Karaikal District, to provide police protection. Connected miscellaneous petitions closed; no costs.

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W.P.No.34856 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED :05.02.2025

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CORAM :

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THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE K.RAJASEKAR

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W.P.No.34856 of 2024

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1.A.Sarbudeen

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2.A.Abdul Munaf

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3.Mohamed Hameem

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4.Mohamed Riswan

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... Petitioner

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Vs.

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1.The Senior Town Planner,

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Town and Country Planning Department, Government of Puducherry,

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Puducherry.

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2.The District Collector, Office of the District Collector, Karaikal District – 609 602.

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3.The District Collector,

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Revenue Cum Sub-Divisional Magistrate, Karaikal, Office of the District Collector, Karaikal District – 609 602.

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4.The Chairman,

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Karaikal Planning Authority, Perunthalaivar kamaraj Administrative Complex, Karaikal District – 609 602.

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https://www.mhc.tn.gov.in/judis

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W.P.No.34856 of 2024

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5.The Member Secretary, Karaikal Planning Authority, Perunthalaivar Kamaraj Administrative Complex, Karaikal District – 609 602.

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6.The Commissioner, Karaikal Municipality Office, Karaikal Municipality, Karaikal District – 609 602.

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7.A.Abdul Rawoof ... Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, to call for the entire records pertaining to the impugned order passed by the 5th respondent by his proceedings in No.1883/ KPA/ KM- Mvly/ 325/ 2020/ 675 dated 10.10.2024 and quashing the same and consequently direct the 5th respondent not to evict and demolish the cantilever projection taken over the western side setback of the existing two stored commercial cum residential building at R.S. No.13 pt, T.S.No.2A/22/ 1/ 1 Ward F, Block 01, Thirunaalar Road, Karaikal District by considering the petitioner representation dated 23.09.2024 to approving the revised building plan submitted by the petitioner with logical end.

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For Petitioner : Mr.S.Vinoth Kumar

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For Respondents : Mr.R.Sreedhar, (for R1 to 6) Additional Government Pleader (Puducherry) Mr.Jerry V.V.Sundar (for R7)

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https://www.mhc.tn.gov.in/judis

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W.P.No.34856 of 2024

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J. )

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The proceedings dated 10.10.2024 issued by the Member Secretary of Karaikal District Planning Authority, Karaikal for eviction of the petitioners from the unauthorised building is under challenge in the present Writ Proceedings.

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Learned counsel for the Writ Petitioners would submit that they are the absolute owners of the property in Ward F, Block-1, T.S.No.2A/22/1, R.S.No.13 to a extent of 3766 sq.ft situated at Thirunaalar Road, Karaikal District. They have constructed a building by obtaining building plan permission before the Karaikal Planning Authority. However, the petitioners admit that they have constructed some unauthorised portion in the said building. In respect of the unauthorised portion, an application to issue revised building plan permission was submitted. The said application is under consideration and therefore, the Writ Petition is to be considered, enabling the authorities to consider the revised building plan permission application submitted by the petitioners.

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Learned Additional Government Pleader (Puducherry) appearing

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https://www.mhc.tn.gov.in/judis

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W.P.No.34856 of 2024

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on behalf of the respondents would oppose by stating that, the petitioners obtained building plan approval for construction of ground floor only. However, they have constructed first floor unauthorisedly at the initial stage, and the authorities have informed the petitioners that no such construction will be allowed. Despite that, they have further extended the balcony and deviated the building plan approval. At the outset, larger extent of the building is found to be unauthorized by the competent authority. Finally the impugned eviction notice has been issued, since the petitioners were going on violating the building plan and continued his action of construction of unauthorised building.

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The impugned order reveals the facts about the attitude of the petitioners and failure to abide by law. Despite the action initiated by the Karaikal Planning Authority, the petitioners continued to commit illegallity. Finally the impugned eviction notice was issued. This Court do not find any force in the contentions raised on behalf of the petitioners, since the petitioners themselves admitted that there is an unauthorised construction to a smaller extent.

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Learned counsel for the petitioners would further submit that an

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application seeking revised building plan permission is pending. However, the https://www.mhc.tn.gov.in/judis Page 4 of 7

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W.P.No.34856 of 2024

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Additional Government Pleader (Puducherry) would submit that there is no provision under the Pondicherry Town and Country Planning Act to approve the revised building plan permission or for compounding the illegality already committed by the petitioners in violation of the provisions of the Act.

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In view of the facts and circumstances, the 5^th respondent is directed to ascertain the unauthorised portion of the subject building, as stated in the order impugned dated 10.10.2024 and demolish the same by evicting the petitioners from the said premises within a period of 8 weeks from the date of receipt of a copy of this order. The Superintendent of Police, Karaikal District is directed to provide adequate police protection to the 5th respondent for the purpose of eviction and to demolish the unauthorised portion of the subject building as stated in the order impugned dated 10.10.2024.

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7. With the above directions, the Writ Petition is dismissed.

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Consequently, the connected Miscellaneous Petitions, if any, are closed. No costs.

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[S.M.S., J.] [K.R.S., J.] 05.02.2025

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Index: Yes/No Speaking/Non-speaking order gd

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https://www.mhc.tn.gov.in/judis

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