Dillibabu v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:14.03.2023

CORAM

THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN and W.M.P.No.7402 of 2023 1.Dillibabu aged about 55 years Son of Mr.Narayanan No.4 & 5, Bharathiyar Street Sembium, Chennai 600 011.

2.Riaz Ahmed Baig Son of H.A.Baig No.151/65, 8th Street Secretariat Colony Kilpauk, Chennai 600 010.

3.M.Aliyar Son of Madina Maraikayar No.78/12, Ponnappa Street Purasaiwalkam Chennai 600 084.

... Petitioners Vs.

1.The Commissioner Town Planning Section - Anna Nagar Ripon Buildings Chennai 600 003.

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2.The Assistant Executive Engineer No.36, G, Pulla Avenue Shenoy Nagar Chennai 600 040.

3.The Executive Engineer Zone 8, Division 104 Shenoy Nagar Chennai.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the Respondents to demolish the building at Old No.7, New No.11, Arasappa Mudali Street, Purasaiwalkam, Chennai 600 007, pursuant to the demand advice raised by the 2nd Respondent in W.D.C.No.DAWDCNO8/00442/2022 dated 23.05.2022, within the time frame fixed by this Court .

For Petitioner : Mr.K.Sharath Chandran For Respondent : Mr.D.B.R.Prabhu Standing counsel

O R D E R

This Writ Petition has been filed seeking direction to the Respondents to demolish the building at Old No.7, New No.11, Arasappa Mudali Street, Purasaiwalkam, Chennai 600 007, pursuant to the demand advice raised by the 2/6

2nd Respondent in W.D.C.No.DAWDCNO8/00442/2022 dated 23.05.2022. 2.As per the representation given by the Petitioners they are the owners of the petition premises viz., Old No.7, New No.11, Arasppa Mudali Street, Purasaiwalkam, Chennai 600 007 and they also gave a representation under Section 258 (3) of the Chennai City Municipal Corporation Act, 1919 for demolition of the building on the ground that it is in dilapidated condition and dangerous to human habituation. They also moved a Petition before the City Civil Court and obtained a civil decree in O.S.No.2969 of 2012 dated 08.11.2022.

3.Heard the learned counsel for the Petitioners and the learned counsel for the Respondents.

4.My attention has been drawn to the demand advice issued by the Assistant Executive Officer, Shenoy Nagar, Chennai dated 23.05.2022 wherein it has been stated that the application of the Petitioners for demolition of existing buildlig was processed and found approved and asking the Petitioners to pay necessary fees. According to the learned counsel for the Petitioners, the 3/6

Petitioners also paid the fees and hence, I find that it is a statutory duty of the respondent to complete the process by disposing of the representation and also the request of the Petitioners, since the demand notice given by the Assistant Executive Officer/2nd Respondent has been duly complied with by the Petitioners. It is open to the Respondent to follow the proceedure as contemplated under the Chennai Municipal Corporation Act and complete the same, within a period of eight weeks from the date of receipt of a copy of this order.

5.In fine, this Writ Petition is allowed. No costs. Consequently, connected Miscellaneous Petition is closed.

14.03.2023 Index : Yes/No : Yes/No Speaking Order/Non-Speaking Order sai 4/6

To 1.The Commissioner Town Planning Section - Anna Nagar Ripon Buildings Chennai 600 003.

2.The Assistant Executive Engineer No.36, G, Pulla Avenue Shenoy Nagar Chennai 600 040.

3.The Executive Engineer Zone 8, Division 104 Shenoy Nagar Chennai 600 040.

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RMT.TEEKAA RAMAN.J, sai and W.M.P.No.7402 of 2023 Dated: 14.03.2023 6/6