Madras High CourtWP/3010/2024disposed of

R.Sathish Kumar v. The Collector

2024-02-12Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.02.2024

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY R.Sathish Kumar : Petitioner versus 1.The District Collector, Coimbatore District 2.The Commissioner, Coimbatore City Municipal Corporation, Coimbatore 641 001 3.Chandrasekar : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing respondents 1 and 2 to demolish the building situate at Avarampalayam, Coimbatore North Taluk, Coimbatore District comprised in S.No.S.F.41 put up by the 3rd respondent. For Petitioner :

Mr.M.Selvam For Respondent No.1 :

Mr.C.Kathiravan, Special Government Pleader

For Respondent No.2 :

Mr.K.M.D.Muhilan, Standing Counsel

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.M.Selvam, learned counsel for the petitioner, Mr.C.Kathiravan, learned Special Government Pleader, appearing for the first respondent and Mr.K.M.D.Muhilan, learned counsel appearing for the second respondent.

2. The learned counsel for the petitioner submits that the third respondent owns an old building, adjacent to the school building. Age of the building is about 40 years and as such, it requires to be demolished. The petitioner has stated that he has given representation to the authorities in this regard.

3. The petitioner has not produced any stability report or anything to conclude that the building is in a dilapidated condition. It is for the Corporation to decide whether the building needs to be demolished or otherwise. The second respondent/ Corporation shall

consider the representation of the petitioner on its own merits and in accordance with law and also after observing the principles of natural justice, preferably within a period of six months from today.

4. The writ petition stands disposed of. There shall be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 12.02.2024 Index : Yes/No : Yes/No tar To 1.The District Collector, Coimbatore District 2.The Commissioner, Coimbatore City Municipal Corporation, Coimbatore 641 001

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(tar) 12.02.2024