M.VENUGOPAL, J.

Heard both sides.

2. Summation of Writ Facts :

2.1 The Writ Petitioner had purchased the property measuring an extent of 2000 Sq.Ft at Door No.93, Montorsier Street, Puducherry by means of a registered Sale Deed dated 18.06.1990 executed by her Mother-in-Law, Jayamary Mariadoss [Mother-in-Law]. She and her family members are in absolute possession and enjoyment of the property for more than 100 years.

2.2. After purchasing the property, the Petitioner had demolished the existing tiled house in the property and constructed a single storied building after securing necessary permission from the Competent Authority. The 3rd Respondent purchased the House and Land situated on the Eastern Side of Petitioner's property, i.e., Door No.91, Montorsier Street, Puducherry [at T.S.No.169, R.S.No.239 pt. Old No.55, Ward-D, Block No.13]. Indeed, the 3rd Respondent/Builder had demolished an existing House and had applied for planning permission for construction of a new Building. The 3rd Respondent at the time of obtaining planning permission, included a portion of Petitioner's property in the plan and accordingly, the 3rd Respondent obtained a planning permission on 12.05.2010 with conditions, as per Byelaw 13(4) of the Puducherry Building Byelaw Zoning Regulations, 1972.

2.3. Apart from the above, the Power of Attorney of the Petitioner along with the Petitioner approached the 2nd Respondent/Member Secretary, Puducherry Planning Authority, Puducherry to stop an illegal construction of the 3rd Respondent and made a request to supply the details of planning permission. The 2nd Respondent, on 24.05.2011, informed that under the proceedings dated 12.05.2010, approval was granted to the 3rd Respondent for construction of four storied residential flats building and it consists of seven dwelling flats. In the Planning Permission, one of the conditions imposed was that the 'Parking Area', as mentioned in the 'Approval Plan' ought not to be deviated for any purpose.

2.4. The 2nd Respondent on 15.04.2011 had inspected the premises and found out that there was deviation in the said construction and as such, the 3rd Respondent was directed to demolish the unauthorised deviated construction strictly within one month from the date of issuance of notice and restore the building, as per the approved plan. But the 3rd Respondent proceeded with the construction without fulfilling the requirement of Notice. Pursuant to the Notice dated 15.04.2011, the 2nd Respondent/Member Secretary, Puducherry Planning Authority, Puducherry had not taken any further action.

2.5. The Petitioner, made an application on 20.12.2012 and also made another application under the 'Right to Information Act' for furnishing a copy of the plan and on 25.01.2012, the Public Information Officer of the 2nd Respondent/the Member Secretary, Puducherry Planning Authority, Puducherry furnished the building plan, sketch and proceedings of the 'Approval Copy'. The plan shows 261 Sq.Mtr., as plot area, 84.67 Sq.Mtr., as ground floor area, 73.74 Sq.Mtr, as 1st Floor area and 73.Sq.Mtr., as 2nd and 3rd Floors area each. The plan shows the side set back and other places vacant for 'Common Usage'. The 3rd Respondent without adhering to the approved planning permission issued by the 2nd Respondent had constructed the flats in the total plot area without leaving any place in common usage and side setback. The walls of the construction were constructed in Petitioner's building wall, as well as eastern side wall and immediately a written complaint was lodged by the Petitioner before the 2nd Respondent for the violation of the aforesaid construction. The 2nd Respondent/Member Secretary, Puducherry Planning Authority had not taken any action. Since the Petitioner's Power of Attorney and herself approached the 2nd Respondent to take necessary action and to stop the deviated construction put up by the 3rd Respondent, the Written complaint was once again made on 30.09.2013 before the 2nd Respon