Dr.R.Natesan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24-07-2025
CORAM
THE HONOURABLE MRS JUSTICE J. NISHA BANU AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN W.P. No.31831 of 2024 Dr.R.Natesan Petitioner vs 1.The District Collector, Krishnagiri, Krishnagiri District.
2.The Thasildar, Uthangarai, Krishnagiri District.
3.The Executive Officer, O/o. Town Panchayat, Uthangarai, Krishnagiri District.
4.K.S.Murugan, 5.K.S.Madheshwaran Respondents PRAYER: The Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 to 3 to take steps to remove the unauthorized construction and demolish the same and take action against the 4th and 5th respondents building bearing Door No.177, 1st Ward, Salem Main Road, Uthangarai in S.No.22/3A of Uthangarai Town, Krishnagiri District and demolish the same by considering the petitioner's representation dated 20.02.2024.
For Petitioner(s):
Mr.K.Thiruvengadam For Respondent(s):
Mr.M.Rajendran, Additional Government Pleader for R1& R2 Mr.M.Murali, Government Advocate for R3
ORDER
(Order of the Court was made by J.NISHA BANU, J.) The present Writ Petition is filed for issuance of a Writ of Mandamus directing the respondents 1 to 3 to take steps to remove the unauthorized construction and demolish the same and take action against the 4th and 5th respondents building bearing Door No.177, 1st Ward, Salem Main Road, Uthangarai in S.No.22/3A of Uthangarai Town, Krishnagiri District and demolish the same by considering the petitioner's representation dated 20.02.2024.
2. The case of the petitioner is that adjoining to his house, there is a 35 years old building which was originally given permission to run a lodge by the 3rd respondent and now the said building is in a very poor and dilapidated condition and it may collapse at any time. According to the petitioner, in the year 2007, the father of the respondents 4 and 5, without any permission or licence, converted the lodge into a marriage hall, in the name and style of
"K.S.Samuthaya Koodam". The said building is located on the State Highways Vellore, without any place for parking and proper drainage system. The rear wall of the building is in very worst condition with lot of cracks and seepage, so it may collapse at any time which would cause damage to the property of the petitioner, public and their life. Apprehending life threat, the petitioner has made several representations, finally on 20.02.2024 to the respondents concerned remove the rear side wall of the building of the respondents 4 and 5 and to take necessary action. Since no action has been taken so far, the petitioner has been constrained to file the instant writ petition.
3. Heard the learned counsel for the petitioner and the respondents 1 to 3.
4. Appearance of the respondents 4 and 5 is dispensed with, as no adverse order is going to be passed against them.
5. Considering the facts and circumstances of the case, this Court, without expressing anything on the merits of the case projected by the petitioner, directs the respondents 1 to 3 to consider the representation of the petitioner dated 20.02.2024 and after affording opportunity of personal hearing to the petitioner, and the respondents 4 and 5 shall take necessary action in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order.
6. This Writ Petition stands disposed of with the above directions. No costs. Consequently, connected miscellaneous petition is closed. (J.NISHA BANU J.)(M.JOTHIRAMAN J.) MST 24-07-2025 Index:Yes/No Internet:Yes To 1.The District Collector, Krishnagiri, Krishnagiri District.
2.The Thasildar, Uthangarai, Krishnagiri District.
3.The Executive Officer, O/o. Town Panchayat, Uthangarai, Krishnagiri District.
J.NISHA BANU J.
AND M.JOTHIRAMAN J.
mst 24-07-2025