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2022 DAILYLAW 4064 (MAD)

suguna v. The District Collector

WP/3826/2022 · 2026-04-17

K Surender, S M Subramaniam

Transfer Petitionbody2022

Judgment text

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WP No. 3826 of 2022 __________ IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17-04-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K. SURENDER WP No. 3826 of 2022 Suguna W/o.Manivannan, 33, 4th cross Street, Anna Nagar, Nellithoppe, Puducherry- 605 005. ..Petitioner Vs 1. The District Collector Puducherry Distirct, Pettaiyanchathiram, Puducherry. 2. The Commissioner Puducherry Municipality, Puducherry 3. The Chief Town Planning Officer Town and Country Planning Department, Reddiyarpalayam, Puducherry 4. The Secretary, Puducherry Planning Authority, Reddiyarpalayam, Puducherry. 5. The Deputy Collector (Revenue - North) Kamaraj Salai, Saram, Puducherry- 605 013. 6. Padmaraj, Asokan Street, Nethaji Nagar, Uppalam, Puducherry- 605 001. ..Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the Respondents 1 to 5 to survey the width and breadth of the entire street namely Asokan Street, Nethaji Nagar, Uppalam, Puducherry and https://www.mhc.tn.gov.in/judis WP No. 3826 of 2022 __________ remove the illegal construction of Arulmigu Sri Balamurugan Temple, Constructed by encroaching the public street. For Petitioner : Mr.G.Pugazhenthi For Respondents : Mr. B.Ramaswamy Additional Government Pleader (Puducherry) – for R1 to R5 R6 – No appearance Order (Order of the Court was made by S.M.Subramaniam J.) In the context of the grievance raised by the petitioner in the present writ petition, the Tahsildar-cum-Executive Magistrate, Puducherry has addressed a letter to the Sub-Collector (Revenue) North, Puducherry, which would show that an enquiry was conducted and the following are the contents of the said letter. " With reference to the subject mention above, I submit to state that the temple in question is situated at Ashokan Street, Nethaji Nagar-I, Uppalam, Puducherry comprised within Ward-F, Block No.8, T.S.No.17 to an extent of Ha:00 A:00 Ca:22. According to the Settlement Register, the land is officially classified as "Government Poramboke" with specific remark identifying it as "Kovil" (Temple) . Field enquiry and records confirm that the temple is not located on any portion of the public road rather it is situated at the dead end of the road. Furthermore, enquiries reveal that the temple has been in existence since 1962. Originally a thatched structure, it was reconstructed as a reinforced cement concrete (RCC) structure around 1986. It is also noted that a https://www.mhc.tn.gov.in/judis WP No. 3826 of 2022 __________ Kumbabishegam ceremony was recently performed in 2023. During the inspection, it was noted that there is currently no existing access pathway to the petitioner's land located at Ward-F, Block No.8, T.S.No.16 which covers an extent of Ha:00 A:00 Ca:22. 2. In view of the fact that no encroachments are identified, no further adjudication is required in this writ petition and the same is closed. No costs. (S.M.S.,J.) (K.S.,J.) 17-04-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No KST To 1. The District Collector Puducherry Distirct, Pettaiyanchathiram, Puducherry. 2. The Commissioner Puducherry Municipality, Puducherry 3. The chief Town Planning Officer Town and Country Planning Department, Reddiyarpalayam, Puducherry 4. The Secretary Puducherry Planning Authority, Reddiyarpalayam, Puducherry. 5. The Deputy Collector (Revenue - North) Kamaraj Salai, Saram, Puducherry- 605 013. https://www.mhc.tn.gov.in/judis WP No. 3826 of 2022 __________ S.M.SUBRAMANIAM J. AND K.SURENDER J. KST WP No. 3826 of 2022 17-04-2026 https://www.mhc.tn.gov.in/judis