[Cites 2, Cited by 0]
Madras High Court
M.Sivagami vs The Secretary To Government on 16 March, 2026
W.P.No.9972 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.03.2026
CORAM :
THE HONOURABLE MR. SUSHRUT ARVIND DHARMADHIKARI,
CHIEF JUSTICE
AND
THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN
WP No.9972 of 2026
and WMP No.10798 of 2026
M.Sivagami
W/o.Manivannan
No.24, E.C.R. Main Road,
Ganapathichettikulam,
Kalpet-605 014
Union of Territory of Puducherry.
Petitioner(s)
Vs
1. The Secretary to Government
(Town and Country Planning-cum-
Chairman, PPA) Puducherry.
2. The Member Secretary
Puducherry Planning Authority,
Jawahar Nagar, Boomianpet,
Puducherry.
3. The Executive Engineer
Electricity Department,
Government of Puducherry,
Puducherry-605 001.
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W.P.No.9972 of 2026
4. The Superintending
(Operation and Maintenance of
Puducherry region)
Main Campus-No.137,
NSC Bose Salai,
Puducherry-605 001.
5. The Deputy Inspector General of Police
(Law and order) Police Department,
Government of Puducherry,
Puducherry-605 001.
6. Selvam
Wife of late.Parthasarathy,
No.2/40, Villima Street,
Bommiyarpalayam, Vanur Taluk,
Pin Code-605 104, Villupuram District.
Respondent(s)
PRAYER: Petition filed under Article 226 of the Constitution of India
seeking issuance of a writ of mandamus directing the second
respondent to take appropriate action as are necessary to implement
and give effect to the stop work notice bearing No.8109/PPA Z
(Kalapet) Petition/2055/255, dated 11.02.2026 issued to the sixth
respondent and prohibit the sixth respondent from proceeding further
with the unauthorised construction.
For Petitioner(s): Mr. M.Elumalai
For Respondent(s):Mr. V.Vasanthakumar
Additional Government Pleader
(Puducherry)
for R1 to R5
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W.P.No.9972 of 2026
ORDER
(Order of the Court was made by the Hon'ble Chief Justice)
Alleging that the respondent authorities are not taking further
action pursuant to the stop work notice dated 11.2.2026 issued to
the sixth respondent and that owing to the inaction on the part of
the respondent authorities the sixth respondent is proceeding with
the unauthorised construction, the writ petitioner, who is the
mother of the sixth respondent, has filed the present writ petition.
2. Mr.V.Vasanthakumar, learned Additional Government
Pleader (Puducherry), who accepts notice on behalf of respondent
Nos.1 to 5, submits that further action pursuant to the stop work
notice dated 11.2.2026 shall be taken in accordance with law. He
further submits that the petitioner has already filed a suit against
the sixth respondent and the same is pending consideration.
3. It is not in dispute that the petitioner has already filed a
civil suit as against the sixth respondent in respect of the very same
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property and the same is pending consideration. That part, this is
not a case of inaction on the part of the respondent authorities.
The respondent authorities have issued stop work notice on
11.2.2026 categorically stating that if work is not stopped
immediately, action will be taken against the unauthorised
construction as per the Puducherry Town and Country Planning Act,
1969 and the Puducherry Building Bye-Laws and Zoning
Regulations, 2012. On the basis of written instructions, learned
Additional Government Pleader appearing on behalf of the
respondent authorities also submitted that further course of action
will be taken in accordance with law.
5. In view of the above statement made by the learned
Additional Government Pleader and the fact that a civil suit is
already pending between the parties, we are not inclined to issue
any further directions in this matter. If the petitioner is so
aggrieved, she can always seek interim orders from the civil court
to injunct the sixth respondent.
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6. The writ petition is dismissed. There shall be no order as to
costs. Consequently, interim application stands closed.
(SUSHRUT ARVIND DHARMADHIKARI,CJ) (G.ARUL MURUGAN,J)
16.03.2026
Index : Yes/No
Neutral Citation : Yes/No
sasi
To:
1. The Secretary to Government
(Town and Country Planning-cum-
Chairman, PPA) Puducherry.
2. The Member Secretary
Puducherry Planning Authority,
Jawahar Nagar, Boomianpet,
Puducherry.
3. The Executive Engineer
Electricity Department,
Government of Puducherry,
Puducherry-605 001.
4. The Superintending
(Operation and Maintenance of
Puducherry region)
Main Campus-No.137,
NSC Bose Salai,
Puducherry-605 001.
5. The Deputy Inspector General of Police
(Law and order) Police Department,
Government of Puducherry,
Puducherry-605 001.
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THE HON'BLE CHIEF JUSTICE
AND
G.ARUL MURUGAN,J.
(sasi)
16.03.2026
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