HILANGO MUNIEN Vs. UNION OF INDIA

JUDGEMENT

(1.) The above Writ Petition is filed for issuing a Writ of Mandamus directing the respondents 1 to 3 to initiate action against the 4th respondent restraining her from putting up construction in Ward-D, Block No. 30, T.S. No. 65, R.S. No. 239/pt. situated at Goubert Salai, Pondicherry Town, with Door No. 48-E (formerly 23 and 65) without sanction, building plan, verification of the ownership of the property and to demolish the illegal construction put up thereon.

(2.) The case of the petitioner is that the petitioner is the owner of the vacant site of land situated in Ward-D, Block No. 30, T.S. No. 65, R.S. No. 239/pt. situated at Goubert Salai, Pondicherry Town, with Door No. 48-E (formerly 23 and 65)a thatched house with land, bounded to the South of Ashram Hospital to the North of Vietnam Hotel, to West of Goubert Salai, and to the east of the House of Cice, measuring on the northern side East to West 17.2 meters, on the southern side East to West 14.6 meters and on the east and west, north to south 12 meters total 1970 sq.meters.

(3.) Taking advantage of the fact that the petitioner is residing at France, one Soupramanian @ Viswanathan, who is the husband of the petitioner's sister daughter, illegally occupied the said property. The said Soupramanian @ Viswanathan is playing fraud upon the Government via the Settlement Officer, representing that he is the owner of the property and obtained patta in his name to appear that he is the real and original owner. Aggrieved by the said illegal construction, the petitioner has filed the present writ petition before this Court.