P.Venugopal v. The Union of India

ORDER (Order of the Court was made by the Hon'ble Chief Justice) Petition under Article 226 of the Constitution of India seeking a Writ of Mandamus directing the second respondent to consider the petitioner's representation dated 27.03.2025 and pass demolition order in respect of property comprised in RS No.184/38 bearing Door No.9, Bahour Revenue Village, Bahour Commune Panchayat, Puducherry, in order to safe guard the government lands and also the general public.

¶2Learned State Counsel for respondents 1 to 10 has produced written instructions dated 25.03.2026 wherein it is stated that the application of respondent No.11 was processed and Refusal-cum-Demolition notice was issued on 28.02.2025, for the following reasons:

(i) No front setback is provided;

(ii) coverage of the building is 94.11% which exceeds the permissible limit of 70%;

(iii) Encroachment in road side should be demolished.

¶3Aggrieved by the notice dated 28.02.2025, respondent No.11 has filed an appeal to the Puducherry Town and Country Planning Board on 04.03.2025. The appeal is stated to be pending consideration.

¶4In view of the aforesaid, no relief can be granted to the petitioner at this stage. Accordingly, the petition stands dismissed. There will be no order as to costs. Consequently, WMP No.12536 of 2026 is closed. (SUSHRUT ARVIND DHARMADHIKARI, CJ.) (G.ARUL MURUGAN, J.)

25.03.2026 Index : Yes/No : Yes/No tar To

¶1The Chief Secretary to Government Chief Secretariat, Beach Road, Puducherry 605 001

2.The Member Secretary Puducherry Planning Authority, Jawahar Nagar,

3.The Commissioner Bahour Commune Panchayat, Government of Puducherry, Puducherry

4.The Executive Engineer Public Health Division, Public works department, Puducherry

5.The Assistant Engineer Building and Roads (South), Sub Division IV, Public Works department, Puducherry

6.The Tahsildar Bahour Taluk office, Bahour, Puducherry 607 402

7.The Superintending Engineer III Electricity Department, Puducherry

8.The Chief town Planner Town & Country Planning Department, Jawahar Nagar,

9.The Executive engineer Building and Roads (South) Division, Public Works Department, Puducherry

10.The Station House officer Bahour Police station, Bahour Puducherry 607 402 THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN

, J.

(tar)

25.03.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25.03.2026 CORAM THE HON'BLE MR.SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE G.ARUL MURUGAN P.Venugopal No.11 Kanniyakoyil Street, Bahour, Puducherry 607 402 Petitioner Vs 1. The Union Of India Rep. by the Chief Secretary to Government Chief Secretariat, Beach Road, Puducherry 605 001 2.The Member Secretary Puducherry Planning Authority, Jawahar Nagar, 3.The Commissioner Bahour Commune Panchayat, Government of Puducherry, Puducherry 4.The Executive Engineer Public Health Division, Public works department, Puducherry 5.The Assistant Engineer Building and Roads (South), Sub Division IV, Public Works department, Puducherry 6.The Tahsildar Bahour Taluk office, Bahour, Puducherry 607 402 7.The Superintending Engineer III Electricity Department, Puducherry 8.The Chief town Planner Town & Country Planning Department, Jawahar Nagar, 9.The Executive engineer Building and Roads (South) Division, Public Works Department, Puducherry 10.The Station House officer Bahour Police station, Bahour Puducherry 607 402 11.S.Nandagopal No.9 Kanniyakoyil Street, Bahour, Puducherry 607 402 Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 2nd respondent to consider the petitioner's representation dated 27.03.2025 and to take immediate action based on the demolition order issued by the 2nd respondent dated 13.12.2024 vide No.5859/PPA/Z(BCP)/2024/3451 in respect of property comprised in RS No.184/38 bearing Door No.9, Bahour Revenue Village, Bahour Commune panchayat, Puducherry without any further delay in accordance with law in respect of safe guard of the Government lands and also the general public. For Petitioner : Ms. R.Kalaiyarasi For Respondents : Mr. V.Vasanthakumar Additional Government Pleader (Puducherry) For respondents 1 to 10