MARIADASSOU PHILOMENE DOMINIQUE MARIE ANTHOINETTE AND ORS. Vs. THE MEMBER SECRETARY, TOWN COUNTRY PLANNING BOARD, TOWN AND COUNTRY PLANNING DEPARTMENT AND ORS.

JUDGEMENT

(1.) THE Petitioner through her power agent has preferred the Writ Petition No. 31266 of 2014, praying for passing of an order by this Court in directing the Second Respondent to demolish the deviated building constructed by the Third Respondent at Door No. 91, Montorsier Street, Puducherry (at T.S. No. 169, R.S. No. 239 Pt. Old No. 55, Ward -D, Block No. 13) in pursuant to the notice of the Second Respondent dated 15.04.2011, 29.11.2013 and 06.01.2014 respectively. In so far as the Writ Petition in W.P. No. 2108 of 2015, the Petitioners have filed the Petition in the nature of Certiorarified Mandamus to call for the records pertaining to the lock and sealing order passed by the First Respondent in Ref. No. 6100/TCP/Board/J(D)/2014/1754 dated 19.09.2014, consequential order No. 2554/PPA/SB/4/2014/5325 dated 10.12.2014 issued by the Second Respondent in respect of the Petitioners' premises and to quash the same. Further, they have sought for passing of an order in directing the Respondents to remove the lock and seal made to the Petitioners' premises bearing old Door No. 55, New Door No. 91, Montorsier Street, Puducherry -1.

(2.) THE Long Germane Facts in Writ Petition No. 31266 of 2014:

(3.) YET another contention of the Learned counsel for the Petitioner in W.P. No. 31266 of 2014 is that Third Respondent had totally violated and constructed multi storied building and in the year 2011 itself, the Second Respondent issued demolition notice and subsequently, on 29.11.2013 and 06.01.2014 also issued demolition notice as a matter of fact, the First Respondent (Appellate Authority) had also rejected the planning permission and confirmed demolition and directed the Second Respondent to act accordingly. Since the Second respondent had not taken any effective steps to demolish the illegal construction of the Third Respondent, the Petitioner has filed the present Writ Petition in W.P. No. 31266 of 2014.