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Madras High CourtWP/37062/2024disposed of

K.P.Chandrasekaran, B.A., B.L., v. The Commissioner

2024-12-17Honourable Mr Justice C.V. Karthikeyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.12.2024

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN K.P.Chandrasekaran ... Petitioner Vs.

1. The Commissioner Greater Chennai Corporation Rippon Buildings, Chennai 600 003.

2. The Executive Engineer, Zone - VI, Greater Chennai Corporation Strahans Road, Chennai 600 012.

3. The Zonal Officer, Zone - VI Greater Chennai Corporation Strahans Road, Chennai 600 012

4. The Assistant Engineer Division - 76 179, Perambur Baracks Road, Greater Chennai Corporation Chennai 600 012.

... Respondents PRAYER : Writ Petition filed under Article 226 of Constitution of India, to issue Writ of Mandamus to direct the respondents to demolish the 100 years

old building front portion situated at Old No.92, New No.183, Strahans Road, Otteri, Chennai 600 012 vide No. Z.O.VIC.No.NIL/2024 on the basis of the notice issued to the respondent dated 04.10.2024. For Petitioner : Mr.N.Seshadri For Respondents : Mr.E.C.Ramesh Standing Counsel

O R D E R

This writ petition has been filed for issuance of a Writ of Mandamus to direct the respondents to demolish the 100 years old building front portion situated at Old No.92, New No.183, Strahans Road, Otteri, Chennai 600 012 vide No. Z.O.VIC.No.NIL/2024 on the basis of the notice issued to the respondent dated 04.10.2024.

2. An affidavit had been filed by the petitioner that he would undertake to bear the cost of demolition of the front portion of the building at old No.92, New No.183, Strahans Road, Otteri, Chennai 600 012. The affidavit is noted.

3. It is an admitted fact that the said building is in a dilapated condition. The petitioner seeks to demolish the same. However, there are other legal heirs

who have a right of share in the said building. The learned counsel for the petitioner stated that there is no objection raised for the demolition of the said building. The Respondents may follow the procedure as enunciated under law and issue notice to all the legal heirs and if there is no objection and if it is found on inspection that the building requires to be demolished, commence the demolition. The necessary charges may be collected from the petitioner.

4. The petitioner shall file necessary application seeking demolition and if such application is filed, the respondents may examine it and take an appropriate decision within a period of three weeks from the date of receipt of a copy of this order. In the affidavit it is stated that the petitioner is prepared to pay the demolition charges and the same is noted.

5. With the above direction, the writ petition is disposed of. No costs. 17.12..2024 dpq Index : Yes /No Speaking Order : Yes/No

C.V.KARTHIKEYAN, J.

dpq To

1. The Commissioner Greater Chennai Corporation Rippon Buildings, Chennai 600 003.

2. The Executive Engineer, Zone - VI, Greater Chennai Corporation Strahans Road, Chennai 600 012.

3. The Zonal Officer, Zone - VI Greater Chennai Corporation Strahans Road, Chennai 600 012

4. The Assistant Engineer Division - 76 179, Perambur Baracks Road, Greater Chennai Corporation Chennai 600 012.

17.12.2024