KALIDAS @ GOVINDAN Vs. MEMBER SECRETARY PUDUCHERRY PLANNING AUTHORITY

JUDGEMENT

(1.) The Petitioner has projected the present instant Writ of Certiorarified Mandamus praying for an issuance of order by this Court in calling for the records relating to the impugned order dated 21.09.2011 passed by the First Respondent in proceedings No. PPA/197/Z(SB)/(4) 2011/4103 and to quash the same. Further, he has also sought for issuance of an order in directing the First Respondent to consider the Petitioner's application dated 02.02.2011 for granting approval to construct the three storied commercial building at R.S. No. 65/1, 65/3 and 65/5, East Coast Road, Saram Revenue Village, Oulgaret Municipality, Puducherry. According to the Petitioner, he is the absolute owner of the property comprised in R.S. No. 65/1, 65/3 and 65/5, East Coast Road, Saram Revenue Village, Oulgaret Municipality, Puducherry by means of Partition Deed dated 22.08.1972 in respect of R.S. No. 65/1 and R.S. No. 65/5 (corresponding cadastre No. 1375 and 1386) and by means of Release Deed dated 02.02.1996 in respect of R.S. No. 65/3 (corresponding cadastre No. 1385).

(2.) The Germane Facts of the Writ Petition:

(3.) The Learned counsel for the Petitioner urges before this Court that the First Respondent/Member Secretary, The Puducherry Planning Authority, Puducherry has passed the impugned order dated 21.09.2011 without application of mind and also without considering the Petitioner's explanation dated 12.03.2011. Further more, it is represented on behalf of the Petitioner that the Second Respondent filed the suit in O.S. No. 215 of 2008 on the file of the trial court as regards property comprised in R.S. Nos. 65/1A, 1/B, 1A/B and other items of properties.