E.Anand, v. The Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 28.04.2018

CORAM

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MR. JUSTICE P.RAJAMANICKAM WP.No.11248/2018 E.Anand ..

Petitioner

Versus

1.The Commissioner Corporation of Chennai Park Town, Chennai 600 003.

2.The Zonal Officer, No.36, B/12B, Pulla Avenue Shenoy Nagar, Near Park Chennai 600 030.

3.The Assistant Engineer Corporation of Chennai Division 103, Zone VIII, Kelllys, Chennai-10.

4.A.K.Nageswara Rao .. Respondents Prayer:- Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents to dispose of the representations of the petitioner dated 03.01.2018, 10.04.2018 and 11.04.2018.

For Petitioner : Mr.V.Nithyanandam For R1 to R3 : Mr.K.Soundararajan

ORDER

[Order of the Court was made by M.SATHYANARAYANAN, J.,] By consent, the writ petition is taken up for final disposal. Mr.K.Soundararajan, learned Standing Counsel accepts notice on behalf of the respondents 1 to 3.

The petitioner claims to be a Social Activist and according to him, the corner building at Purasaiwalkam High Road, at Door No.293, near Kellys Traffic Signal, is in a dilapidated condition and a warning board has also been put up and however, it has not been demolished so far. The learned counsel for the petitioner would submit that the building is likely to fall at any moment and in that event, catastrophic consequences may arise in the form of loss of lives or property or both and in this regard, the petitioner has submitted representation/complaint through on-line to the Greater Corporation of Chennai and it was received and acknowledged on 10.04.2018 bearing Complaint No.554 JDL and despite receipt and acknowledgment, no action has been taken so far to demolish the said structure and hence, the petitioner, left with no other option, is constrained to approach this Court by filing the present writ petition.

The Court heard the submissions of Mr.K.Soundararajan, learned Standing counsel appearing for the respondents 1 to 3 and perused the materials placed before it.

This Court, taking into consideration, the above facts and circumstances and without going into the merits of the claim projected by the petitioner, directs the 3rd respondent to cause inspection of the said building, after putting the 4th respondent on notice, within a period of two weeks from the date of receipt of a copy of this order and depending upon the result of the inspection, shall take appropriate action at the earliest and in accordance with law, within a further period of three weeks thereafter and communicate the decision taken, to the petitioner as well as to the 4th respondent herein.

The writ petition stands disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar AP

To 1.The Commissioner Corporation of Chennai Park Town, Chennai 600 003.

2.The Zonal Officer, No.36, B/12B, Pulla Avenue Shenoy Nagar, Near Park Chennai 600 030.

3.The Assistant Engineer Corporation of Chennai Division 103, Zone VIII, Kelllys, Chennai-10.

+1cc to Mr.K.Soundararajan, Advocate sr.no.32379 WP.No.11248/2018 skv(co) nr 04/06/2018