Madras High Court
S.Ramaswamy vs A.Vanaja ....1St on 12 December, 2023
Author: J.Nisha Banu
Bench: J.Nisha Banu
Rev.Apl.204 of 2023
in W.P.No.25493 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.12.2023
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
and
THE HONOURABLE MRS.JUSTICE N.MALA
Rev.Application (Writs) No.204 of 2023
in W.P.No.25493 of 2019
and W.M.P.No.32487 of 2023
S.Ramaswamy ... Petitioner/7th respondent
Vs.
1.A.Vanaja ....1st respondent/Petitioner
2.The Member Secretary
Puducherry Planning Authority
Bhomiyapet
Reddiarpalayam,
Puducherry – 605 005
3.The Commissioner
Villiayanur Commune Panchayat
Villiyanur
Puducherry
4.The Executive Officer (O & M)
Electricity Department (North)
Main Office, Rural North
Puducherry – 605 001
5. The Executive Engineer
Public Works Department,
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Rev.Apl.204 of 2023
in W.P.No.25493 of 2019
Irrigation (North)
Puducherry – 605 001
6. T.Narayanan
7.S.Vishwanathan
8.S.Sengeni
9.R.Meera
10.S.Arumugam ..Respondents/Respondents 1 to 6 and 8 to 10
PRAYER: Review Petition filed under Order XLVII Rule 1 R/W. Section 114
of CPC to review the order dated 30.08.2023 passed in W.P.No.25493 of 2019.
For Petitioner : Ms.Gopika Nambiar
For Respondents : Mr.M.Gnanasekar for R1
Dr.B.Ramasamy for R2 to R5
Additional Government Pleader(Pondy)
ORDER
(Order of the Court was made by J.Nisha Banu,J.) This Review Application has been filed by the 7th respondent in W.P.No.25493 of 2019, seeking to review the order passed in W.P.No.25493 of 2019 dated 30.08.2023.
2. The learned counsel appearing for the review petitioner/7th respondent in the writ petition has brought to the notice of this Court that the review petitioner is a poor agriculturalist hailing from a rural background. He did not understand that the notice, which was sent to him, was a private notice being https://www.mhc.tn.gov.in/judis 2/8 Rev.Apl.204 of 2023 in W.P.No.25493 of 2019 sent with the leave of the Court. Therefore, he refused to receive the notice and could not enter appearance in the writ petition.
3. Moreover, the review petitioner had approached the 2nd respondent and requested them to accept the regularisation fee, but the same was refused. It is his contention that even though the plot is eligible for regularisation as per the Scheme formulated by the Planning Authority, the Competent Authorities refused to receive the regularisation fee, citing the directions issued in Paragraph No.7 of the order dated 30.08.2023 in W.P.No.25493 of 2019.
4. For the sake of convenience, it is relevant to extract paragraph Nos. 6 and 7 of the order dated 30.08.2023 in W.P.No.25493 of 2019 and the same reads as under:
“6. It is pertinent to point out that though the respondents 5 to 9 are eligible for regularisation, it is seen that they have not obtained regularisation for the unapproved layout. Though the 7th respondent was asked to remit the required fees for regularisation by paying the necessary fees, till July 2023, he had not paid the same as stated in the counter dated 12.07.2023. To disprove the same and to substantiate their case, the respondents 5 to https://www.mhc.tn.gov.in/judis 3/8 Rev.Apl.204 of 2023 in W.P.No.25493 of 2019 10 have not appeared before this Court. The office records show that the respondents 5 to 10 were served, but the same was returned with an endorsement -refused-.
7. In view of the above, the respondents 1 to 4 are directed to initiate further course of action under the provisions of Puducherry Town and Country Planning Act as against the respondents 5 to 9. Accordingly, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
5. Learned counsel for the review petitioner would further submit that on 19.09.2023, the regularization fee has been paid to the 3 rd respondent-the Commissioner, Villianur Commune Panchayat and he also produced a copy of the demand draft dated 19.02.2023 before this Court.
6. Heard Mr.M.Gnanasekar, learned counsel appearing for the 1st respondent/writ petitioner in W.P.25493 of 2019 and Dr.B.Ramaswamy, learned Additional Government Pleader (Puducherry) appearing for Respondents 2 to 5 and perused the materials placed before this Court.
7. The learned Additional Government Pleader (Puducherry) would submit that the review petitioner is eligible for regularization of his plot https://www.mhc.tn.gov.in/judis 4/8 Rev.Apl.204 of 2023 in W.P.No.25493 of 2019 situated in the unapproved layout, since the plots have been sold through a registered sale deed before the cut-off date i.e. 30.01.2017 as per the Scheme for regularization vide G.O.Ms.No.20/2017-Hg, Puducherry dated 20th October 2017.
8. Taking note of the fact that the review petitioner is eligible for regularization and has paid the required fees, this Court directs the respondents 2 to 5 to accept the regularization fee and process the same as per the scheme for regularization. It is also brought to the notice of this Court that the review petitioner has filed an appeal before the Puducherry Town and Country Planning Board against the demolition notice issued by the Puducherry Planning Authority. Therefore, it is for the Appellate Authority constituted under the Puducherry Town and Country Planning Act, 1959 to consider the same and pass necessary orders in the manner known to law.
9. This Court, on 30.08.2023 directed the respondents 1 to 4 to initiate further course of action under the provisions of Puducherry Town and Country Planning Act as against the respondents 5 to 9 in the Writ Petition. In view of the regularisation Scheme issued by the Puducherry Government and taking https://www.mhc.tn.gov.in/judis 5/8 Rev.Apl.204 of 2023 in W.P.No.25493 of 2019 note of the averments made by the present review petitioner-7th respondent in W.P.No.25493 of 2019, this Court is inclined to modify the order passed in W.P.No.25493 of 2019 dated 30.08.2023 with a direction to the respondents 2 to 5 to consider the regularization application filed by the 7th respondent as per G.O.Ms.No.20/2017-Hg, Puducherry dated 20.10.2017 and pass necessary orders.
10. In the result, this Review Application is disposed of on the above terms. Consequently connected miscellaneous petition is closed. No costs.
(J.N.B.J.,) (N.M.J.,)
12.12.2023
Index:Yes/No
Speaking/Non-speaking order
msv
To:
1.The Member Secretary
Puducherry Planning Authority
Bhomiyapet, Reddiarpalayam,
Puducherry – 605 005
2.The Commissioner
Villiayanur Commune Panchayat
Villiyanur, Puducherry
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Rev.Apl.204 of 2023
in W.P.No.25493 of 2019
3.The Executive Officer (O & M)
Electricity Department (North)
Main Office, Rural North
Puducherry – 605 001
4. The Executive Engineer
Public Works Department
Irrigation (North)
Puducherry – 605 001
https://www.mhc.tn.gov.in/judis
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Rev.Apl.204 of 2023
in W.P.No.25493 of 2019
J.NISHA BANU, J.
and
N.Mala,J.
msv
Rev.Application (Writs)
No.204 of 2023
in W.P.No.25493 of 2019
and W.M.P.No.32487 of 2023
12.12.2023
https://www.mhc.tn.gov.in/judis
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