Madras High Court
K.Vedanayagam vs Union Territory Of Puducherry on 20 June, 2025
Author: J.Nisha Banu
Bench: J. Nisha Banu
WP No. 34344 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20-06-2025
CORAM
THE HONOURABLE MRS JUSTICE J. NISHA BANU
AND
THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
WP No. 34344 of 2024
and W.M.P.No.37215 of 2024
1. K.Vedanayagam
S/o.Kalyanasundaram, No.1, Zamindar
Garden, Puducherry- 605 001.
Petitioner(s)
Vs
1. Union Territory Of Puducherry
Rep By Its Chief Secretary To
Government, Puducherry.
2.The Member Secretary
Puducherry Planning Authority,
Jawahar Nagar, Boomianpet,
Puducherry
3.The Deputy Commissioner - Cum-
Deputy Collector (excise), Revenue
Department, Puducherry
4.The Chief Town Planner
Town And Country Planning Board,
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WP No. 34344 of 2024
Town And Country Planning
Department, Government Of
Puducherry, Jawahar Nagar,
Bommianpet, Puducherry
5.The Commissioner
Puducherry Municipality, Puducherry
6.The Pondicherry Co- Operative
Wholesale Stores Limited
Rep By Its Managing Director,
No.288, Amudha Surabi Building,
M.G.Road, Puducherry
7.M.Ramesh Goupta
S/o.U.Madhavan, M/s. Vasavi
Rsidenzcy, No.133, 135, 137,
Sardar Vallabai Patel Street,
Puducherry-605 001.
Respondent(s)
PRAYER
Directing the respondents 1 to 5 herein to initiate appropriate action against the
7th respondent herein and remove the Elite Liquor Shop run by the 6th
respondent herein in the stilt floor of M/s. Vasavi Residenzcy situated at
No.133, 135, 137, sardar vallabai patel Street, puducherry- 605 001 which was
illegally and unauthorisedly constructed by converting the area reserved for
parking space into a commercial shop.
For Petitioner(s): Mr. S.Prem Auxilian Raj
For Respondent(s): Mr. V.Vasanthakumar
Additional Government Pleader
(Pondy) for R1 To R6
M/s. Gopika Nambiar For R7
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WP No. 34344 of 2024
ORDER
(Order of the Court was made by J.NISHA BANU, J.)
The present Writ Petition is filed for the issuance of a Writ of Mandamus
directing the respondents 1 to 5 herein to initiate appropriate action against the
th th
7 respondent herein and remove the Elite Liquor Shop run by the 6
respondent herein in the stilt floor of M/s. Vasavi Residenzcy situated at
No.133, 135, 137, Sardar Vallabai Patel Street, Puducherry- 605 001, which
was illegally and unauthorisedly constructed by converting the area reserved
for parking space into a commercial shop.
2. This Court, by order dated 13.03.2025, directed the respondents 1 to 5
to initiate all appropriate actions to remove the unauthorized constructions
th
within a period of three weeks. Challenging the same, the 7 respondent filed
S.LP.No.8867-8868/2025 before the Hon'ble Supreme Court and the Hon'ble
Supreme Court by order dated 01.04.2025 passed the following order:-
“1. We are not inclined to interfere with the impugned
judgment (s) and order(s) of the High Court. However, the special
leave petitions stand disposed of with the following directions:
rd
(i) By 3 April, 2025, the petitioner shall stop carrying on
liquor business from the subject premises.
(ii) If the petitioner complies with the aforesaid direction,
the respondents shall not take any action against the petitioner till
his pending appeal is decided.
(iii) The pending appeal shall be decided within a month
from date, positively.
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2. The writ petition before the High Court may stand over
for five weeks from date.
3. Pending application (s), if any, stand closed.”
3. Today when the matter is taken up for hearing, the learned Additional
Government Pleader (Pondy) produced a letter addressed to the Government
Pleader (Puducherry) dated 20.06.2025 stating that the 7th respondent has raised
the height of the building more than the permissible height and not provided any
parking space and hence, the Board of Puducherry Planning Authority decided
to direct the 7th respondent to restore the building as per the approved building
plan. The relevant paragraph of the letter reads as follows:-
“6. Subsequently, the matter was taken up by the Puducherry
Town and Country Planning Board as per the directions of the
Hon'ble Supreme Court of India in its meeting held on 07.04.2025
and decided as follows:-
“As directed by the Supreme Court of India: “the
appellant has raised the height of the building more
than the permissible height and not provided any
parking space which are clear violation against the
Puducherry Building Bye Law 2012 notified under Sec
47 of the Puducherry Town and Country Planning Act
1969. Hence, the Board decided to direct the appellant
to restore the building as per the approved building
plan within 12 weeks from the date of receiving the
decision of the Board.”.
th
3. The learned counsel for the 7 respondent submits as per the direction
of the Hon'ble Supreme Court, the liqour shop has been removed.
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4. As far as the prayer sought for in this Writ Petition and the direction of
the Supreme Court passed in SLP.No.8867-8868 dated 01.04.2025 is concerned,
the letter of the Member Secretary, Puducherry Planning Authority, Puducherry,
dated 20.06.2025, produced before this court, would go to show that the Liquor
shop has been vacated. In para 5 of the said communication, it is stated as
under:-
“ 05. In compliance to the directions of Supreme Court of India,
the Liquor shop has been vacated.....”
5. Insofar as the other violations pointed out by the Puducherry Planning
Authority, the Puducherry Town and Country Planning Board directed the 7th
respondent to restore the building as per the approved building plan within 12
weeks from the date of receiving the decision of the Board. Therefore, the 2nd
respondent is directed to follow up and ensure that the 7 th respondent has
restored the building as per the approved plan and if the deviation has not been
rectified within the time stipulated, the 2nd respondent shall take necessary
enforcement action in accordance with law.
6. The writ petition is disposed of with the above direction. No costs.
Consequently, connected Miscellaneous Petition is closed.
(J.NISHA BANU J.) (M.JOTHIRAMAN J.)
20-06-2025
ASI/nvsri
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To
1. The Chief Secretary to Government,
Union Territory Of Puducherry
Puducherry.
2.The Member Secretary
Puducherry Planning Authority,
Jawahar Nagar, Boomianpet,
Puducherry
3.The Deputy Commissioner - Cum-
Deputy Collector (excise), Revenue
Department, Puducherry
4.The Chief Town Planner
Town And Country Planning Board,
Town And Country Planning
Department, Government Of
Puducherry, Jawahar Nagar,
Bommianpet, Puducherry
5.The Commissioner
Puducherry Municipality, Puducherry
6.The Managing Director,
The Pondicherry Co- Operative
Wholesale Stores Limited
No.288, Amudha Surabi Building,
M.G.Road, Puducherry
7.M.Ramesh Goupta
S/o.U.Madhavan, M/s. Vasavi
Rsidenzcy, No.133, 135, 137,
Sardar Vallabai Patel Street,
Puducherry-605 001.
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https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/06/2025 11:43:33 am )
J.NISHA BANU J.
AND
M.JOTHIRAMAN J.
ASI
20-06-2025
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