N.Yuvaraja v. The Municipal Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.04.2024
CORAM:
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN N. Yuvaraja
...Petitioner
Vs The Municipal commissioner, Tirupathur Municipality, Tirupathur Town and District- 635 601
...Respondent
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the Respondent herein to consider petitioner's representation dated 04.03.2024, seeking complete demolition of the old dilapidated Mandapam in the road margin situated at Advocate Ramanathan Nagar, Tirupathur Town and pass orders For Petitioner : Mr.S.V. Karthikeyan For Respondents : Mr.M. Shahjahan Special Government Pleader 1/5
ORDER
By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.
2. This Writ Petition has been filed seeking a direction to the respondent to consider the representation of the petitioner dated 04.03.2024.
3. The case of the petitioner is there was a old granite stones Mandapam near the petitioner's residence which was said to be used for doing certain rituals. But, the said Mandapam was not used for the purpose which it was assigned and the said place serves to be a shelter for anti-social elements. While so, the respondent is laying covered drainage system in the subject area and in execution of the said work, a 5 feet wide cement canal is built along with the main road and while passing through Advocate Ramanthan Nagar, the said canal is constructed in the 15 feet wide layout road. During the execution of the said work the said Mandapam was partially demolished and left in a endangered position. Hence, the petitioner made a representation on 04.03.2024 to the 2/5
respondent to completely demolish the said Mandapam. However, the same was not considered. Hence this petition.
4. The learned counsel for the petitioner submitted that if the said Mandapam is not demolished it will result in danger and cause great inconvenience to the general public who are residing in the subject area. Hence, prays this Court to issue a direction to the respondent to consider representation dated 04.03.2024 and pass orders.
5. The learned Special Government Advocate appearing for the respondent submits that the representation of the petitioner will be considered on merits and in accordance with law.
6. I have given anxious consideration for either side submissions.
7. On a perusal of records it is evident that the said Mandapam is in dilapidated condition and the same causes great ingress and egress for the general public. This Court also observed that the said Mandapam is a ancient one there will be some previous pillars and some valuables which 3/5
deserves great consideration and the same needs to be preserved.
8. In view of the above, this Court directs the respondent to demolish the Mandapam and utilize the subject area for the use of general public and take appropriate action to preserve the valuables in the said Mandapam. This writ petition is disposed of in the above terms. No costs. 23.04.2024 Index:Yes/No Speaking order/Non-speaking order smn V.BHAVANI SUBBAROYAN,J.
smn 4/5
To The Municipal commissioner, Tirupathur Municipality, Tirupathur Town and District- 635 601 W.P.No.10846 of 2024 23.04.2024 5/5