A.Kishore v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.04.2023 CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH 1.A.Kishore 2.P.G.Raghuraman 3.Mrs.N.Vijayalakshmi 4.R.Vasanthakumari 5.R.Jude Vivin Richard 6.A.Thomas 7.Mrs.S.Lakshmi 8.Mrs.S.Gayathri ... Petitioners -Vs1. The Secretary to Government Municipal and Water Supply Department Secretariat Fort Saint George Chennai.
2. The Commissioner Greater Chennai Corporation Ripon Building Chennai- 600 003.
3. The Rohini Gardens Welfare Association Rep by its Secretary Rohini Gardens Raja Annamalaipuram Chennai- 600 028.
4.C.M.Thulasidas 5.A.Panneerselvam 6.D.Krishnamurthi 7.S.Jeyalakshmi 8.P.V.Raja Bhoopathy Pandian 9.A.Kothandaraman 10.Srinivasa Rao Edara 11.Mrs.M.S.Apithakuchambal .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to direct the 2nd respondent Greater Chennai Corporation to order demolition of the apartment complexes at Rohini Gardens, Raja Annamalaipuram on the ground that the same is unsafe for residents as well as the general Public and to facilitate the redevelopment.
For Petitioners Mr.Kolandaivelu For Respondents Mr.A.M.Ayyathurai Government Advocate for R1 Mr.Kandan Doraisamy for R3 Mr.M.T.Arunan for R4, R5, R6, R7, R8 and R10
O R D E R
This writ petition was filed by the owner of a Flat in the apartment complex named as Rohini Gardens at Raja Annamalaipuram, Chennai, seeking for a direction to the second respondent to order for the demolition of the apartment complexe on the ground that it has become dilapidated unsafe for human habitation. 2.During the pendency of this writ petition, the second respondent viz., the Commissioner of Chennai Corporation has initiated proceedings for demolition of the building and notice has been issued u/s 258 of the Chennai City Municipal Corporation Act, 1919. In view of the same, the grievance expressed by the petitioner has been satisfied by the second respondent.
3.Mr.Kandan Duraisamy, learned counsel appearing on behalf of the third respondent, who is the Secretary of the Rohini Gardens Welfare Association, pointed out to the amendment that was brought into the Tamil Nadu Apartment Ownership Act, 2022, Section 13 provides as follows:
13.Notwithstanding anything contained in this Act, re-development of a project may be carried out on such terms and conditions, as may be prescribed,- (a) with the consent of not less than two-thirds of the apartment owners of the project; or (b) if the appropriate authority has certified that the building is in ruinous condition, or in a such a state that it may endanger the lives of the occupants or any other person.
4.It is left open to the Association to act in terms of the above provision dehors the action that is proposed to be taken by the Chennai Corporation. 5.This writ petition is disposed of accordingly. No costs. 24.04.2023 KP Internet : Yes/No Index : Yes/No Speaking Order:Yes/No
To
1. The Secretary to Government Municipal and Water Supply Department Secretariat Fort Saint George Chennai.
2. The Commissioner Greater Chennai Corporation Ripon Building Chennai- 600 003.
N.ANAND VENKATESH, J.
KP 24.04.2023