Mrs.Syed Ali Fathima v. Executive Engineer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.05.2024

CORAM:

THE HON'BLE MR. JUSTICE G.R. SWAMINATHAN W.P. No.14007 of 2024 Syed Ali Fathima Petitioner v The Executive Engineer - Zone 9 Housing & Urban Department Greater Chennai Corporation Chennai The Assistant Executive Engineer - Zone 9 Housing & Urban Department Greater Chennai Corporation Chennai Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents to consider the representation dated 07.02.2024 and to permit the petitioner to demolish the old building in Door No.676, Anna Salai, Chennai 600 006. For petitioner Mr. R. Rajan For respondents Mrs. K. Ashwini Devi Standing Counsel

ORDER

Heard both sides.

The petitioner had earlier obtained a demolition plan. However, while carrying it out, some unfortunate incident is said to have taken place. On that ground, the demolition plan could not be cancelled. The petitioner now undertakes to carry out the demolition plan by adhering to the highest standards of safety. The petitioner, in fact, has addressed a representation in this regard on 07.02.2024 and her grievance is that till date, it has not been considered.

After going through the relevant materials enclosed in the typed set of papers, after hearing the learned counsel for the petitioner and also in view of the aforesaid undertaking now given by the petitioner, I am satisfied that the relief sought by the petitioner has to be granted.

Accordingly, the petitioner is permitted to carry out the demolition work by adhering to the earlier demolition plan sanctioned by the respondents and by bearing in mind the safety concern expressed in the notice dated 27.01.2023. It is made clear that there is no need for her to obtain any fresh order.

This writ petition is disposed of accordingly. No costs. 25.05.2024 skr/cad

G.R. SWAMINATHAN, J.

cad To The Commissioner Hindu Religious & Charitable Endowments Nungambakkam High Road Chennai 600 034 The Joint Commissioner Hindu Religious & Charitable Endowments Villupuram Villupuram District The Assistant Commissioner-cum-Executive Officer Arulmigu Ranganathaswamy Thirukoil Singavaram, Melachery Post Gingee Taluk 604 202 The Inspector of Police Gingee Town Police Station Gingee 25.05.2024