Vamsi Krishna v. The Chief Electrical

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-06-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH Vamsi Krishna Flat No.I-3, Oaktree Apartments, Near Shell Petrol Bunk, Kazhipattur, Chennai-603 103.

Petitioner(s) Vs

1. The Chief Electrical Inspector Government of Tamil Nadu, Chennai-600 032.

2.Electrical Inspector No.20/7, Vaikkam Veerar Street, Tambaram Sanatorium, Chennai-600 059.

3.Mr. Ramesh Madhavan Chairman, Oaktree by Tensquare Owners Association, Flat No.k2, Oaktree Apartments, Near Shell, Petrol Bunk, Kazhipattur, Chennai-603 103.

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4.The Board of Managers Oaktree By Tensquare Owners Association, Flat No.62, Oaktree Apartments, Near Shell, Petrol Bunk, Kazhipattur, Chennai-603 103.

Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India to direct the respondents including Mr.Ramesh Madhavan, the Board of Managers, and the Oaktree by Ten square Owners Association, to ensure compliance with Section 11(2) (a) of the Tamil Nadu Lifts and Escalators Act, 1997, and take necessary steps to regulate and monitor the maintenance of lifts at Oaktree Apartments, Kazhipattur, Chennai and direct Mr. Ramesh Madhavan, the Board of Managers, and the Oaktree by Tensquare Owners Association to submit reports regarding the lift maintenance, AMC status, and safety compliance certificates as per the statutory requirements.

For Petitioner(s):

M/s.S. Mahesh Kanna K. Balakrishnan Sanjay Sundaram For Respondent:

Mr.E.Vijay Anand (for R1 & R2) Additional Government Pleader

ORDER

This writ petition has been filed for the issue of writ of Mandamus directing the respondents to deal with the complaint given by the petitioner 2/6

wherein the petitioner has informed the respondents 1 and 2 that the owners association is permitting the lift to be operated without obtaining proper licence. 2.

Heard Mr.S. Mahesh Kanna, learned counsel for the petitioner and Mr.E.Vijay Anand, learned Additional Government Pleader for respondents 1 and 2.

3.

The petitioner is the resident of Oak tree Apartments. According to the petitioner, the lift is being operated in the apartment without obtaining proper licence under the Tamil Nadu Lifts and Escalators Act, 1997 [hereinafter referred to as the "Act"]. When a compliant was made, the 2 nd respondent issued a notice directing the association not to operate any lift without obtaining proper license. Inspite of the same, the lift is being operated and thereby, endangering the residents of the apartment, who are using the lift on a daily basis. It is under these circumstances, the present writ petition has been filed before this Curt.

4.

The main grievance expressed by the petitioner is that the association must ensure proper compliance of Section 11(2) (a) of the Act and take necessary steps to regulate and monitor the maintenance of the lift in the apartment to safeguard the interest of the residents. Hence, there shall be a 3/6

direction to the petitioner to submit a representation before the 2 nd respondent and the 2 nd respondent on receipt of the representation shall conduct an inspection and shall ensure that the association strictly complies with the requirements under the Act and operates and maintains the lift after getting proper license.

5.

This writ petition is disposed of in the above terms. No costs. 03-06-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes 4/6

To

1. The Chief Electrical Inspector Government of Tamil Nadu, Chennai-600 032.

2.Electrical Inspector No.20/7, Vaikkam Veerar Street, Tambaram Sanatorium, Chennai-600 059.

3.Mr. Ramesh Madhavan Chairman, Oaktree by Tensquare Owners Association, Flat No.k2, Oaktree Apartments, Near Shell, Petrol Bunk, Kazhipattur, Chennai-603 103.

4.The Board of Managers Oaktree By Tensquare Owners Association, Flat No.62, Oak tree Apartments, Near Shell, Petrol Bunk, Kazhipattur, Chennai-603 103.

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N.ANAND VENKATESH J.

rka Dated: 03-06-2025 6/6