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Madras High CourtWP/13427/2013disposed of

Mr.K.R.Ramaswamy @ Traffic v. The Secretary To Government,

2016-07-14Honourable The Chief Justice,Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.07.2016 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R.MAHADEVAN W.P. No.13427 of 2013 K.R.Ramaswamy @ Traffic Ramaswamy .. Petitioner -vs1.The Secretary to Government, Housing & Urban Development Dept., Fort St. George, Chennai-9.

2.The Secretary to Government, Municipal Administration & Water Supply Dept., Fort St. George, Chennai-9.

3.The Deputy Director of Fire & Rescue Services, Western Region, Coimbatore, Coimbatore District.

4.The Commissioner, Coimbatore Corporation, Coimbatore.

5.The Commissioner of Police, Coimbatore Town, Coimbatore.

.. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct respondent nos.1, 2 and 5 to take necessary criminal action and disciplinary action against respondent nos.3 and 4 and other officials concerned for the fire disaster occurred in Coimbatore commercial building as per the newspaper report dated 26.04.2013. For Petitioner :

Mr.K.R.Ramaswamy Party-in-person For Respondents :

Mr.S.T.S.Murthi, Govt. Pleader, assisted by Mr.V.Shanmugasundar, G.A.

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) The public interest litigation relates to fire mishap which took place on 25.04.2013 in Coimbatore.

2.The fire department has filed an affidavit stating that they took all steps possible in the rescue operation. It has also been stated that the promoters of the project were required to comply with the stipulations set out in the letter dated 24.12.2008 for issuance of No Objection Certificate by the Fire Department, but the same was not complied with. The State Government has not cared to file any affidavit for the last three years.

3.We are of the view that with passage of time, the investigation would have been over and necessary criminal cases would have been filed and civil action taken qua the property in question.

4.We, thus, dispose of the writ petition with the direction to the respondents to proceed in accordance with law against the delinquent persons arising from the incident and to file a compliance report before this Court at least a week before the next date. No costs.

5.List for compliance on 23.09.2016.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar sra To 1.The Secretary to Government, Housing & Urban Development Dept., Fort St. George, Chennai-9.

2.The Secretary to Government, Municipal Administration & Water Supply Dept., Fort St. George, Chennai-9.

3.The Deputy Director of Fire & Rescue Services, Western Region, Coimbatore, Coimbatore District.

4.The Commissioner, Coimbatore Corporation, Coimbatore.

5.The Commissioner of Police, Coimbatore Town, Coimbatore.

Copy to The Section Officer, Writ Section, High Court, Madras-104.

[Writ Petition Posted before the Court on 23.09.2016 for Compliance] +1cc to the Government Pleader Sr.39544 W.P.No.13427 of 2013 rk[co] srg 29/08/2016