Dismissed¶¶38

S.Balabaskaran v. the Member Secretary

Madras HC3 Nov 2025WP/41262/2025

Case brief

AI extract

What is this about?

Mandamus for demolition of alleged illegal/unauthorised construction refused where aggrieved party's statutory appeal pending; Puducherry Planning Authority notice 102/PPA/Z (R/IND)/2019-24/2168 dated 10.10.2024; appeal pending before Puducherry Town and Country Planning Board; alternative remedy available; matter left to competent authority; Article 226 writ petition dismissed by Madras High Court (CJ bench); no costs; W.P. No.41262 of 2025, decided 03.11.2025.

What did the court decide?

The writ as sought by the petitioner cannot be granted because respondent No.5 has taken the remedy of appeal, which is pending before the competent authority. ¶¶34

S.Balabaskaran Vs the Member Secretary — Writ and Judicial Review | Madras HC (2025)

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W.P.No.41262 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 03.11.2025

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CORAM :

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THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE

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AND

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THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN

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W.P.No.41262 of 2025

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S.Balabaskaran S/o.Shanmugam, Plot No.71, 3rd Main Road, Kalyanasundaramurthy Nagar Reddiyarpalayam Puducherry 605 010

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Petitioner

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1.The Member Secretary Puducherry Planning Authority, Jawahar Nagar, Boomianpet Puducherry

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2.The District Collector Office of the District Collector , Puducherry

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3.The Commissioner Oulgaret Municipality Jawahar Nagar, Puducherry

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

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W.P.No.41262 of 2025

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4.The Revenue Officer Department of Revenue and Disaster Management Puducherry

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5.K.Suganthi

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W/o. Elangovan M/s. Sodexis India (P) Limited No.90, 3rd Main Road Kalyanasundaramurthy Nagar Reddiyarpalayam Puducherry 605 010

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Respondents

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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.

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For Petitioner: Mr.C.Munusamy

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

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

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W.P.No.41262 of 2025

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ORDER

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(Order of the Court was made by the Hon'ble Chief Justice)

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Heard learned counsel for the parties.

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Through this petition, the petitioner has sought issuance of

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mandamus directing the official respondents to take action against the alleged illegal construction being made by respondent No.5.

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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.

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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.

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

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W.P.No.41262 of 2025

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