M.Rajeswari v. Union of India

ORDER (Order of the Court was made by G.Arul Murugan,J) This writ petition has been filed seeking a direction to 5th respondent to demolish the unapproved, unauthorized, illegal construction raised in petitioner's land at Plot No.1, Door No.31 First Cross street, Rainbow Nagar, Saram Revenue village, Pondicherry-11.

¶2It is pertinent to note that earlier, petitioner has preferred a writ petition in W.P.No.26759 of 2019, wherein, this Court, by order dated 11.01.2024, observing that the issue has to be resolved before the civil Court, dismissed the writ petition insofar as respondents 8 and 9 therein, who are respondents 6 and 7 herein.

¶3When petitioner has approached this Court with similar relief and was directed to approach the civil Court, the present writ petition seeking the very same relief is not maintainable. Accordingly, this writ petition is dismissed. There shall be no order as to costs. (SUSHRUT ARVIND DHARMADHIKARI,CJ) (G.ARUL MURUGAN,J)

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¶1The Chief Secretary, Chief Secretary's Office, Pondicherry-605 001.

¶2The District collector Office of the Collectorate, Vazhudavur Road, Pettaiyanchathiram, Pondicherry-605 009.

¶3The Secretary cum Chairman Puducherry Planning Authority, Chief Secretary's Office, Puducherry-605 001.

¶4The Chief Town Planner Town and Country Planning Department, Jawahar Nagar, Pondicherry-605 005.

¶5The Member Secretary Pondicherry Planning Authority, Jawahar Nagar, Pondicherry-605 005. THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J.

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08.07.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08.07.2026 CORAM : THE HONOURABLE MR. SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN M.Rajeswari W/o.Manivanna Perumal, Door No.22, 2nd Cross, Thilagar Nagar, Puducherry-605 009. .. Petitioner Vs. 1. Union of India Rep by its Chief Secretary, Chief Secretary's Office, Pondicherry-605 001. 2. The District collector Office of the Collectorate, Vazhudavur Road, Pettaiyanchathiram, Pondicherry- 605 009. 3. The Secretary cum Chairman Puducherry Planning Authority, Chief Secretary's Office, Puducherry-605 001. 4. The Chief Town Planner Town and Country Planning Department, Jawahar Nagar, Pondicherry-605 005. 5. The Member Secretary Pondicherry Planning Authority, Jawahar Nagar, Pondicherry-605 005. 6. Velu S/o.Uthirapatthy, (Plot No.1). Door No.31 and 33, 1st Cross Streeet, Rainbow Nagar, Puducherry-605 011. 7. Latha W/o.Velu, (Plot No.1). Door No.31 and 33, 1st Cross Streeet, Rainbow Nagar, Puducherry-605 011. .. Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the 5th respondent to demolish the unapproved, unauthorized, illegal construction raised in the Petitioner's land at Plot No.1, Door No.31 First Cross street, Rainbow Nagar, Saram Revenue village, Pondicherry-11 within the Oulgaret Panchayat Village No.38, Oulgaret Sub- Registration, Pondicherry, vide their Communication No.14/PPA/Z(SARAM-R)/ 2019/DEMOLITION/7974 dated 16.12.2019, made by the 6th and 7th Respondents, on considering the petitioner's representation dated 14.09.2025. For Petitioner : Ms.P.Karpagavalli For Mrs.Usharaman For Respondents : Mr.V.Vasanthakumar Addl. Govt. Pleader (Puducherry) for R1 to R5 Mr.R.Saravanan for R6 & R7