E.Sridharan v. The Commisisoner

IN THE HIGH COURT AT JUDICATURE AT MADRAS

DATED: 04.06.2025

CORAM

THE HON'BLE MRS.JUSTICE N.MALA

1. E. Sridharan

2. R. Vasudevan

3. R. Venkatraman

4. M.Raghunathan

5. R. Subramanian

...Petitioners

Vs.

The Commissioner Corporation of Chennai Ripon Building,53, Raja Muthiah Road, Kannappar Thidal Periyamet, Chennai 600 003.

...Respondents

Writ petition is filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus, directing the Respondents to consider the representation dated 18.12.2024 sent by the petitioners, within a stipulated time frame as prescribed by this Hon'ble Court and pass orders. For Petitioners : Mr.V. Kuberann For Respondent : Mr.A. Arunbabu Standing Counsel 1/6

ORDER

Mr.A. Arunbabu, Standing Counsel takes notice for the respondents.

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

3. This writ petition is filed for a Writ of Mandamus directing the respondent to consider the petitioner's representation dated 18.12.2024, within a time frame fixed by this Court.

4.The petitioners are the owners of the Kripa Apartment located at No.39/25, Motilal Street, T.Nagar, Chennai - 600 017. According to the petitioner's, the building is half a century old and is in a precarious condition. The building is unfit for occupation and requires immediate demolition. 2/6

Therefore, the petitioners sent a representation/compliant to the respondent on 13.08.2024 regarding the precarious condition of the building. The petitioners engaged Centre for Urbanization, Building and Environment ( CUBE), ( A Centre for excellence of Government of Tamil Nadu) to asses the structural strength and sustainability of the apartment/building. The above said CUBE sent a detailed report with a warning that the building was weak and unfit for occupation. Based on the said report, the petitioners submitted a representation on 18.12.2024, to the respondents requesting their intervention and to take immediate action to ensure the occupants safety. However, the respondent did not respond to the petitioner's request. Hence, the petitioners' filed the above writ petition for the above relief.

5. The facts of the case are not disputed. Hence, considering the limited prayer sought for by the petitioner, this Court without going into the merits of the case, directs the respondent to consider and pass orders on the petitioner's representation dated 18.02.2024, in the light of the detailed report of CUBE on 3/6

merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

6. Accordingly, this writ petition is disposed of. However, there shall be no order as to costs.

02.06.2025 Index:Yes/No Speaking order:Yes/No 4/6

To.

The Commissioner Corporation of Chennai Ripon Building,53, Raja Muthiah Road, Kannappar Thidal Periyamet, Chennai 600 003.

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N.MALA,J.

smn 04.06.2025 6/6