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Madras High CourtWP/17826/2024disposed of

K.V.Raghavan v. The Commissioenr

2024-08-28Honourable Mr Justice G.K. Ilanthiraiyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.08.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN 1.K.V.Raghavan 2.S.Malar Selvi 3.Sadagopan S.V 4.Rama Badri 5.C.Kulothunga Segar 6.Valia Parakat Chandran 7.Ramakrishnan 8.Rajeswari ..Petitioners -Vs1.The Commissioner, Ripon Building, 2.The Executive Engineer, Zone No.10, No.64, NSK Salai, Kodambakkam, Chennai 600 024.

3.The Zonal Officer, No.2/2, Sarvamangala Colony, Manthope Colony, Ashok Nagar, ... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to demolish "Raja Apartments" situated at 86th Street, Ashok Nagar, Chennai - 600 083 in the light of the representation sent by the petitioners to the respondents dated 18.03.2024.

For Petitioner : Mr.K.Sharath Chandran For R1 to R3 : Mrs.P.T.Ramadevi Standing Counsel.

ORDER

This Writ Petition has been filed for a direction, directing the respondents to demolish the premises called Raja Apartments situated at 86th Street, Ashok Nagar, Chennai - 600 083 in the light of the representation submitted by the petitioner.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. The petitioners and the respondents 4 & 5 are the owners of the apartment called Raja Apartments, admeasuring 3600 sq.ft. It consists of ten flats. There are five flats in the ground floor and five flats in the first floor. The petitioners and the respondents 4 & 5 are the owners of their respective flats. According to the petitioners, the entire apartment is in dilapidated condition and as such, the petitioners submitted a representation seeking permission to demolish the entire apartment.

4. On instruction, the learned Standing Counsel appearing for the respondents 1 to 3 submitted that the apartment is not in dilapidated condition and it can be revived by minor repairs. Further, there are totally ten owners in the apartment in which, eight of them requested for demolition.

5. According to the respondents 4 & 5, they are the owners of the apartment and the entire apartment is in dilapidated condition. Therefore, the petitioners submitted an application seeking to demolish the entire apartment. The respondents 1 to 3 ought to have inspected the building and as per the stability of the building, they have to pass order either to grant permission to demolish the apartment or reject the request made by the petitioners.

6. In view of the above, the respondents 1 to 3 are directed to inspect the subject premises within a period of two weeks from the date of receipt of a copy of this order and pass appropriate orders on the application submitted by the petitioners.

7. With the above direction, this writ petition stands disposed of. No costs.

28.08.2024 (2/2) Internet: Yes Index : Yes/No Speaking/Non Speaking order Lpp To 1.The Commissioner, Ripon Building, Chennai - 600 003.

2.The Executive Engineer, Zone No.10, Greater Chennai Corporation, No.64, NSK Salai, Kodambakkam, Chennai 600 024.

3.The Zonal Officer, No.2/2, Sarvamangala Colony, Manthope Colony, Ashok Nagar,

G.K.ILANTHIRAIYAN. J, Lpp 28.08.2024 (2/2)