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Madras High CourtWP/320/2020disposed of

Sindhu Apartments Welfare Association-Annanagar v. The Commissioner

2024-08-19Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.08.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.No.5636 of 2020 Sindhu Apartments Welfare Association - Annanagar Sindhu Apartment, J to M Block 7th Avenue, Anna Nagar West, Chennai - 600 040 represented by its Secretary ... Petitioner -Vs1. The Commissioner, Greater Chennai Corporation, Rippon Buildings, Chennai 600 103.

2. The Zonal Officer, Corporation Zone No.VIII, Anna Nagar, Corporation Of Chennai, Shenoy Nagar, Chennai 600 030.

3. The Executive Engineer / Zonal Office VIII, Greater Chennai Corporation, 2nd Cross Street(East) Pulla Avenue, Shenoy Nagar, Chennai 600 030.

4. The Chairman, Tamil Nadu Housing Board, No.493, Anna Salai, Nandanam, Chennai-600 035.

(R4 Impleaded As Per Order Dated 10.02.2020 made in WMP.No.3845 of 2020 In W.P.No.320 of 2020) ... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying

for the issuance of a Writ of Mandamus, directing the first respondent to forthwith consider the petitioner's representation dated 23.10.2019 and cause an inspection by the second and third respondents herein and to issue Notice for demolition and evacuation of the inmates of the Sindhu Apartment comprising apartments J1-J6, K1-K6, L1-L6, M1-M6, Anna Nagar, 7th Avenue, Block 21, under T.S.No.1/1.

For Petitioner : Mr.R.Thirumalai For R1 to R3 : Mrs.P.T.Rama Devi Standing Counsel For R4 : Mr.D.Veerasekaran Standing Counsel

ORDER

This writ petition has been filed for direction directing the first respondent to forthwith consider the petitioner's representation dated 23.10.2019 and cause an inspection by the second and third respondents herein and to issue Notice for demolition and evacuation of the inmates of the Sindhu Apartment comprising apartments J1-J6, K1-K6, L1-L6, M1-M6, Anna Nagar, 7th Avenue, Block 21, under T.S.No.1/1.

2. Heard both sides and perused the materials available on record.

3. The petitioner is an Association consisting members of the owners of Sindhu Apartments comprising apartments J1-J6, K1-K6, L1-L6, M1-M6

constructed by the fourth respondent situated at 7th Avenue, Block 21, under T.S.No.1/1 corresponding to Old Survey No.226/Part vide C.A.No.312/2012, Anna Nagar, Chennai. The entire apartment is under dilapidated condition and as such, it is not safe to live there. Therefore, the petitioner submitted a representation dated 23.10.2019 to inspect their apartment and to declare and certify as to whether to demolish the building and/or evacuate and/or continue to live. However, so far, no inspection has been conducted by the respondents.

4. Considering the above facts and circumstances of the case, the respondents 1 to 3 are directed to inspect the petitioner's apartment and based on the stability and living condition, pass appropriate orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

5. With the above directions, this writ petition is disposed of. Consequently, connected Miscellaneous petition is closed. There shall be no order as to costs.

19.08.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn

To

1. The Commissioner, Greater Chennai Corporation, Rippon Buildings, Chennai 600 103.

2. The Zonal Officer, Corporation Zone No.VIII, Anna Nagar, Corporation Of Chennai, Shenoy Nagar, Chennai 600 030.

3. The Executive Engineer / Zonal Office VIII, Greater Chennai Corporation, 2nd Cross Street(East) Pulla Avenue, Shenoy Nagar, Chennai 600 030.

4. The Chairman, Tamil Nadu Housing Board, No.493, Anna Salai, Nandanam, Chennai-600 035.

G.K.ILANTHIRAIYAN. J,

mn 19.08.2024