K.Logambal, v. The Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.01.2018

CORAM

THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM W.P.No.34374 of 2017 K.Logambal

...Petitioner

Versus

1. The Commissioner, Rippon Building, Chennai -600 005.

2. The Assistant Commissioner, Corporation of Chennai.

Zone 13, L.B.Road, Adyar, Chennai -20.

3. The Assistant Engineer, Ward-176, No.18, 8th Cross Street, Shastri Nagar, Adyar, Chennai -20.

4. N.Gopalakrishnan

5. N.Baskar

6. V.Gajakeswari

7. S.Lakshmi

8. Revathi

9. Sathish 10.Kavitha 11.G.Usha 12.G.Mohan 13.G.Sudha .. Respondents Prayers: The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus to direct the first respondent to initiate appropriate action under the provisions of Section 258 of the Chennai City Municipal Corporation Act, in respect of building bearing Old Door No.109, New Door No.6, Elaiamman Koil Street, Vananthurai, Adyar, Chennai - 600 020.

For Petitioner : M/s.P.Gopiraja For RR1 to 3 : Mr.T.C.Gopalakrishnan

O R D E R

By consent of the learned counsel appearing for both sides, the Writ Petition is taken up for final disposal.

2. The petitioner has come up with the Writ Petition for issuance of Writ of Mandamus to direct the first respondent to initiate appropriate action under the provisions of Section 258 of the Chennai City Municipal Corporation Act.

3. The case of the petitioner is that she is the co-owner of the building situated at New No.6, Old No.109, Elaiamman Koil Street, Vananthurai, Adyar, Chennai - 600 020 and it is in a dilapidated condition. As per Section 258 of the Chennai City Municipal Corporation Act, the official respondents ought to have initiated proceedings to demolish the said building. As no action was taken, the petitioner sent representations to the official respondents on 16.08.2017. Since there is no favourable reply, the present writ petition.

4. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for Corporation of Chennai and perused the materials available on record.

5. In the light of the above prayer sought for in the writ petition, this Court without going into the merits of the case, directs the respondents 1 and 2 to take appropriate action based on the representation of the petitioner dated 16.08.2017 and dispose of the said representation, after providing opportunity of hearing to the necessary parties, in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

6. With the above observation and direction, the writ petition is disposed of. No costs.

Sd/- Asst.Registrar (CS VI ) /true copy/ Sub Asst. Registrar pvs To

1. The Commissioner, Rippon Building, Chennai -600 005.

2. The Assistant Commissioner, Corporation of Chennai.

Zone 13, L.B.Road, Adyar, Chennai -20.

3. The Assistant Engineer, Ward-176, No.18, 8th Cross Street, Shastri Nagar, Adyar, Chennai -20.

+ 1 cc to M/s.P.Gopiraja Advocate,SR.149 + 1 cc to Mr.T.C.Gopalakrishnan Advocate,SR.289 W.P.No.34374 of 2017 CNR(CO) NR 29/01/2018