S.Vasudevan v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.04.2015

CORAM

THE HONOURABLE MR. JUSTICE M. SATHYANARAYANAN W.P. No. 11469 of 2015 S. Vasudevan ..Petitioner Vs.

1.

The Commissioner, Corporation of Coimbatore, Coimbatore - 01.

District Collector, District Collectorate, Coimbatore - 18.

The Member and Secretary, City Planning Committee, Coimbatore - 12.

The Director, Tamil Nadu Fire Service and Rescue Service, State Bank Road, Coimbatore - 18.

5.

Assistant Commissioner, Central Ward, Corporation of Coimbatore, Coimbatore - 18.

..Respondents Prayer:

Petition under Article 226 of the Constitution of India praying for issue of a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 10.03.2015 and also direct to inspect the unapproved and dangerous building for necessary action to remove the building bearing Door No. 361, Rankay Koudar Street, Coimbatore -01.

For Petitioner ::

Mr.B. Nedunchezhiyan

For Respondents::

Mr.J. Satyanarayana Prasad for R1 & R5 Mr.R.A.S. Senthilvel, Addl. Govt. Pleader for R2 to R4

O R D E R

By consent, the main writ petition itself is taken up for final disposal.

The petitioner submitted a representation dated 10.03.2015 to the respondents, stating among other things, that the superstructure in Door No. 361, Ward No. 80, Rankay Gouder Street, Coimbatore -1, which is very near to his premises, is likely to fall down at any moment and that necessary action may be taken in regard thereto. Since the petitioner is not favoured with any response, come forward to file this writ petition. Heard the submissions of Mr.B. Nedunchezhiyan, learned counsel for the petitioner; Mr.J. Satyanarayana Prasad, learned counsel for respondents 1 and 5 and Mr.R.A.S. Senthilvel, learned Additional Government Pleader for respondents 2 to 4.

This Court, without going into the merits of the representation submitted by the petitioner, directs the 1st respondent, to consider the said representation dated 10.03.2015 and pass appropriate orders, after putting on notice, the owner and occupier of the premises bearing Door No. 361, Ward No.80, Rankey Gounder Street, Coimbatore -1, in accordance with law, as expeditiously as possible, in any event, not later than 4 weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner as well as to other persons concerned. The writ petition is disposed of accordingly. No costs.

Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar nv

To 1.

The Commissioner, Corporation of Coimbatore, Coimbatore - 01.

The District Collector, District Collectorate, Coimbatore - 18.

The Member and Secretary, City Planning Committee, Coimbatore - 12.

The Director, Tamil Nadu Fire Service and Rescue Service, State Bank Road, Coimbatore - 18.

5.

The Assistant Commissioner, Central Ward, Corporation of Coimbatore, Coimbatore - 18.

1 cc to M/s. J. Sathyanarayanan Prasad, Advocate, Sr. 21664 1 cc to M/s. B. Nedunchezhiyan, Advocate, Sr. 21611 1 cc to Government Pleader, Sr. 21295 W.P. No. 11469 of 2015 MP (CO) kk 30/4