Madras High CourtWP/722/2018disposed of

S. Radhakrishnan v. The Commissioner

2018-01-12Honourable Mr Justice K. Kalyanasundaram3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.01.2018

CORAM

THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM W.P.No.722 of 2018 S.Radhakrishnan

...Petitioner

Versus

1. The Commissioner, Ripon Buildings, Chennai - 600 003.

2. The Zonal Officer, Corporation of Chennai, Zone -V, Walltax Road,

3. The Assistant Revenue Officer, Division 60, Zone _ V, Thambu Chetty street, .. Respondents Prayers: The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus to direct respondents to consider the petitioner's representation dated 26.08.2017 and to issue an order of demolition of the building at New No.23, Old No.12, Post office street, George Town, Chennai - 600 001.

For Petitioner : Mr.A.R.Sakthivel For Respondents : Mr.T.C.Gopala krishnan Standing Counsel

O R D E R

This writ petition has been filed seeking for issuance of Writ of Mandamus to direct respondents to consider the petitioner's representation dated 26.08.2017.

2. The case of the petitioner is that he is absolute owner of the premises bearing New No.23 Old No.12, Post Office Street, George Town, Chennai - 600 001. The property along with the superstructure was purchased by his grand mother Mrs.P.Ponnammal

in the year 1884 and it is 150 years old building. It is further stated that the superstructure is in a dilapidated condition and there is an imminent danger of getting collapsed at any time, which is under occupation of tenants. The petitioner apprehending loss of life to the occupants and the neighbours approached the respondents in person in this regard. Since no action has been initiated, he sent a representation dated 26.08.2017, despite the same there is no order from the respondent. Hence, the present writ petition.

3. Heard Mr.A.R.Sakthivel, learned counsel appearing for the petitioner and Mr.T.C.Gopalakrishnan, learned standing counsel appearing for the respondents and perused the documents available on record.

4.The learned standing counsel appearing for the respondents submitted that, the office of the respondents are ready to consider the petitioner's representation, whenever he produces the required documents and proper application.

5. In the light of the prayer sought for in the writ petition and the submissions of the learned counsel, this Court without going into the merits of this case, directs the respondents to consider the representation of the petitioner dated 26.08.2017 and pass appropriate order on merits and in accordance with law and after affording an opportunity to the petitioner. It is needless to state that the petitioner shall produce all relevant documents at the time of enquiry. 6.With the above observations, the Writ petition is disposed of. No costs.

-s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar vum/ms To 1.The Commissioner, Ripon Buildings, Chennai - 600 003.

2.The Zonal Officer, Corporation of Chennai, Zone -V, Walltax Road,

3. The Assistant Revenue Officer, Division 60, Zone _ V, Thambu Chetty street, +1 CC to Mr.T.C. Gopalakrishnan, Advocate sr 2870. +1 CC to Mr.A.R. Sakthivel, Advocate sr 3030. W.P.No.722 of 2018 GJ(CO) SP(09/02/2018)