Madras High Court
K.Sivakumar vs Union Of India on 24 October, 2025
Author: S.M.Subramaniam
Bench: S. M. Subramaniam
2025:MHC:2475
REV.APLW No. 149 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24-10-2025
CORAM
THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM
AND
THE HONOURABLE MR.JUSTICE K.RAJASEKAR
REV.APLW No. 149 of 2025
1. K.Sivakumar
Appellant(s)
Vs
1. Union Of India
By Chief Secretary,
Government Of Puducherry,
Puducherry-1.
2.The Chairman And District Collector
Karaikal Town And Country Planning
Authority, Karaikal.
3.The Senior Superintendent Of Police
Police Headquarters,
Karaikal.
4.The Member Secretary Cum Junior
Town Planner
Karaikal Town And Country Planning
Department, Karaikal.
5.P. Selvashanmugam
Respondent(s)
https://www.mhc.tn.gov.in/judis ( Uploaded on: 30/10/2025 04:54:09 pm )
REV.APLW No. 149 of 2025
PRAYER
To review the order dated 18.03.2025 made in W.P.No.8549 of 2025 and to
allow this Review petition.
For Appellant(s): Mr.C. Prabakaran
For Respondent(s):Mr.V.Vasanthakumar For R1 To R4
Additional Government Pleader (Puducherry)
ORDER
(Order of the Court was made by S.M.Subramaniam J.) The present review petition has been instituted to review the order dated 18.03.2025 in W.P.No.8549 of 2025.
2. The only ground raised by the review petitioner is that he made an application seeking regularization of unauthorised construction, and the said application was not brought to the notice of this Court.
3. Regularization of unauthorised building is impermissible, since the Hon'ble Supreme Court of India reiterated that the regularization of unauthorised construction, if made, would defeat the provisions of the Planning Act. However, this is a new fact which is placed and cannot be construed as an error apparent in respect of the order passed by this Court https://www.mhc.tn.gov.in/judis ( Uploaded on: 30/10/2025 04:54:09 pm ) REV.APLW No. 149 of 2025 warranting interference and to exercise review jurisdiction.
4. The learned counsel for the review petitioner would submit that regularization of unauthorised construction is permissible either under Section 33 or under Section 34 of Pondicherry Town and Country Planning Act, 1969.
Close reading of the provisions would show that the said provisions are not applicable for regularising the unauthorised constructions made.
5. Thus, the authorities are bound to initiate action as per the orders of this Court dated 18.03.2025 in W.P.No.8549 of 2025. The petitioner has not established any error apparent on record so as to invoke review power.
6. Accordingly, the review application is dismissed. No costs.
Consequently, the connected miscellaneous petitions, if any, are closed.
(S.M.SUBRAMANIAM J.)(K.RAJASEKAR J.) 24-10-2025 gd Index:Yes/No Speaking/Non-speaking order Internet:Yes https://www.mhc.tn.gov.in/judis ( Uploaded on: 30/10/2025 04:54:09 pm ) REV.APLW No. 149 of 2025 Neutral Citation:Yes/No https://www.mhc.tn.gov.in/judis ( Uploaded on: 30/10/2025 04:54:09 pm ) REV.APLW No. 149 of 2025 To
1.Union Of India By Chief Secretary, Government Of Puducherry, Puducherry-1.
2.The Chairman And District Collector Karaikal Town And Country Planning Authority, Karaikal.
3.The Senior Superintendent Of Police Police Headquarters, Karaikal.
4.The Member Secretary Cum Junior Town Planner Karaikal Town And Country Planning Department, Karaikal.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 30/10/2025 04:54:09 pm ) REV.APLW No. 149 of 2025 S.M.SUBRAMANIAM J.
AND K.RAJASEKAR J.
gd REV.APLW No. 149 of 2025 24-10-2025 https://www.mhc.tn.gov.in/judis ( Uploaded on: 30/10/2025 04:54:09 pm )