S.Thirumoorthy v. The Greater Chennai Corporation
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17-03-2025
CORAM
THE HONOURABLE MR JUSTICE J.SATHYA NARAYANA PRASAD and WMP No.36288 of 2019 S.Thirumoorthy Proprietor, M/s United Steel Trading Corporation, No. 25, Old No.12B Sembudoss Street, Chennai - 600 001.
Petitioner(s) Vs
1. The Greater Chennai Corporation, Represented by its Commissioner, Rippon Building, Chennai 600 003.
2.The Regional Deputy Commissioner, (North) Greater Chennai Corporation, Zone 5, (Royapuram), Chennai.
3.Shabbir N. Kapasi 4.Tasneem S.Kapasi Respondent(s)
PRAYER Writ Petition filed under Article 226 of Constitution of India seeking for an issuance of writ of certiorari calling for the records relating to the proceedings of the 2nd Respondent herein bearing No. Z.O.5 C.No. E3/3421/ 2017 dated 09.12.2019 and quash the same.
For Petitioner(s):
Mr. Ar.Karthik Lakshmanan For Respondent(s):
1.Mrs.S.Gopinathan Standing Counsel for R1 & R2 2.Mr.I.Ibrar Md.Abdullah for R3 & R4
ORDER
The writ petition is filed challenging the proceedings of the second respondent dated 09.12.2019.
2.
The case of the petitioner is that he is the proprietor of M/s.United Steel Trading Corporation and carrying on business as dealers and suppliers of Iron and Steel in the property bearing Old No.12, New No.25, Sembudoss Street, Chennai - 1 belonged to one Mrs.Sowdha Begam. Admittedly, the petitioner received the impugned notice dated 09.12.2019, stating that the subject property is deemed to be in a dangerous condition endangering the occupiers/passers by public and the owner/occupier is required to fence off, take down, secure, repair or demolish the aforesaid structure to prevent from any danger within a period of 15 days from the date of receipt of the said notice. Hence, this Writ Petition.
3.
Learned Counsel for the petitioner would submit that she is unable to get instructions from the petitioner despite her sincere efforts. 4.
Learned Standing Counsel for the respondents 1 and 2 would submit that the petitioner has already vacated the subject property and the old building was demolished and new building has been constructed. 5.
Learned Counsel for the respondents 3 and 4 would submit that in in the counter affidavit filed by the respondents 3 and 4, it is stated that the petitioner is the dealer and supplier of iron and steel, is not really occupying the said premises and has already taken steps to shift his business to Sathankadu (Iron and Steel Warehouse) allotted to the petitioner. 6.
Heard both sides and perused the materials available on record. 7.
In view of the above submission made by the learned Standing Counsel for the respondents 1 and 2 and the learned Counsel for the respondents 3 and 4, the Writ Petition stands closed. No costs. Consequently, connected miscellaneous petition is closed.
17-03-2025 veda Index:Yes/No Speaking/Non-speaking order Internet:Yes
To 1.The Greater Chennai Corporation Represented by its Commissioner Rippon Building, Chennai 600 003 2.The Regional Deputy Commissioner (North) Greater Chennai Corporation, Zone 5, (Royapuram), Chennai.
3.Shabbir N. Kapasi S/o. late Najmuddin, No 11, Pedariyar Koil Street, Second Floor (Back Portion) Chennai - 600 001.
4.Mrs. Tasneem S.Kapasi W/o. Shabbir N Kapasi, No 11, Pedariyar Koil Street, Second Floor (Back Portion) Chennai - 600 001.
J.SATHYA NARAYANA PRASAD J.
veda 17-03-2025