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Madras High CourtWP/6522/2024withdrawn dismissed

H.Kareem Ahmed v. The Commissioner

2024-03-15Honourable Mr Justice P.D.Audikesavalu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.03.2024

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU H.Kareem Ahmed ... Petitioner -vsThe Commissioner, Greater Chennai Corporation, Rippon Buildings, Chennai - 600 003.

... Respondent Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Respondent to consider the Petitioner's representation dated 02.02.2024 to demolish the building situated at Door No. 354, Quaith Millath Salai, Triplicane High Road, Chennai - 600 005, which is in dilapidated condition, within the time frame fixed by this Court.

For Petitioner :

Ms. S.Kumudha For Respondent :

Ms. Ashwini Devi, Standing Counsel 1/4

O R D E R

Heard Ms. S.Kumudha, Learned Counsel for the Petitioner and Ms. Ashwini Devi, Learned Standing Counsel, who takes notice for the Respondent, and perused the materials placed on record, apart from the pleadings of the parties.

2.

It is the case of the Petitioner that he is a co-owner of the building in Door No. 354, Quaith Millath Salai, Triplicane High Road, Chennai, which is now in dilapidated condition and he had made a representation dated 02.02.2024 to the Respondent for its demolition, but as it did not evoke any response, it has necessitated the filing of this Writ Petition. 3.

As neither other co-owners of the building nor the occupants of the building have been made as parties to this Writ Petition, Learned Counsel for the Petitioner seeks permission of the Court to withdraw the Writ Petition reserving the rights of the Petitioner, as co-owner of the building, to make necessary application under Section 133 of the Tamil Nadu Urban Local Bodies Act, 1998, before the concerned authority and depending upon its outcome to work out his remedies before the proper forum in the manner recognized by law, and she has made an endorsement to that effect in the court record. 2/4

In fine, the Writ Petition is dismissed as withdrawn with the aforesaid clarifications. No costs.

15.03.2024 Index: Yes/No NCC: Yes/No Note: Issue order copy by 28.03.2024.

vjt To The Commissioner, Greater Chennai Corporation, Rippon Buildings, Chennai - 600 003.

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P.D. AUDIKESAVALU, J.

vjt 15.03.2024 4/4