Minor K.Lokeshwaran v. The Commissioner Greater Chennai,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.08.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.No.14212 of 2024 Minor.K.Lokeshwaran represented by his Mother and Natural Guardian K.Sulochana ... Petitioner -Vs1. The Commissioner Greater Chennai Corporation Ripon Building, Chennai 600 003.
2. The Assistant Commissioner, Zone - 7, Ambattur Corporation, Ambattur, Chennai - 600 053.
3. The Executive Engineer, Zone - 7, Ward No.79, Ambattur Corporation, Ambattur, Chennai - 600 053.
4. The Assistant Engineer, Zone - 7, Ward No.79, Bank Street, Ambattur Corporation, Ambattur, Chennai - 600 053.
5. S.Dhaksanamoorthy
6. Karunanithi
7. Minor Kumaresan
represented by his father and Natural Guardian S.Saravanamurthy ... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, to direct the third respondent to demolish the dilapidated building of the 5th Respondent situated at Building "B", Door No.21/9, T.S No.68, S.No.603 / 2A1A, Redhills Road, Thiruvallur within a time frame as stipulated by this Honourable Court. For Petitioner : Mr.Hassan Ali K For R1 to R4 : Mr.D.B.R.Prabhu, Standing Counsel For R5 : Mr.S.Saranraj For R6 : Mr.S.Doraisamy For R7 : Mr.N.Saravanan
ORDER
This writ petition has been filed for direction directing the third respondent to demolish the dilapidated building of the 5th Respondent situated at Building "B", Door No.21/9, T.S No.68, S.No.603 / 2A1A, Redhills Road, Thiruvallur within a time frame as stipulated by this Honourable Court.
2. Heard both sides and perused the materials available on record.
3. The petitioner and the respondents 5 to 7 herein are family members. After the demise of the petitioner's husband, the property comprised in S.No.603/2A4A, to an extent of 5196 sq.ft situated at Ambattur Village was
originally belonged to her father-in-law and he had executed a Will dated 17.09.2012 registered vide Document No.102/2012. As per the Will, the petitioner and the respondents 5 to 7 are having equal share in the subject property. As far as the petitioner and the 5th respondent are concerned, they had already demolished their share in the subject property. However, the 6th and 7th respondents are not co-operating to demolish the property. The remaining building was also rented out to one Tea Shop named "Teabon".
4. While being so, the petitioner submitted a representation to the third respondent to demolish the share of the 5th respondent as it is in dilapidated condition. The petitioner also produced photographs. The 6th respondent produced a stability certificate obtained from a private Engineer as that of the subject building has stability and also rented out to a Tea Shop.
5. The learned standing counsel for the respondents 1 to 3 submitted that on the basis of the stability certificate issued by the private Engineer, the stability of the building cannot be ascertained.
6. In view of the above, the third respondent is directed to obtain a
stability certificate, after inspection of the subject building by the concerned authority such as Chief Engineer, Buildings, Public Works Department or Structural Engineer from Anna University, within a period of four weeks from the date of receipt of a copy of this order. On receipt of the same, as per the stability certificate, the third respondent is directed to act on the representation submitted by the petitioner, within a period of four weeks thereafter.
7. With the above directions, this writ petition is disposed of. Consequently, connected Miscellaneous petition is closed. There shall be no order as to costs.
12.08.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn
To
1. The Commissioner Greater Chennai Corporation Ripon Building, Chennai 600 003.
2. The Assistant Commissioner, Zone - 7, Ambattur Corporation, Ambattur, Chennai - 600 053.
3. The Executive Engineer, Zone - 7, Ward No.79, Ambattur Corporation, Ambattur, Chennai - 600 053.
4. The Assistant Engineer, Zone - 7, Ward No.79, Bank Street, Ambattur Corporation, Ambattur, Chennai - 600 053.
G.K.ILANTHIRAIYAN. J, mn 12.08.2024