Asaan Mohammad v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 27.12.2024

CORAM

THE HON'BLE Mr. JUSTICE V.LAKSHMINARAYANAN Asaan Mohammad ...

Petitioner Vs.

1. The Commissioner, Coimbatore City Municipal Corporation, Coimbatore.

2. The Commissioner of Police, Coimbatore City, Coimbatore- 641 018.

...

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the respondents herein to consider the representation of the petitioner dated 03.12.2024 and to direct the 1st Respondent to take immediate action to demolish the building situated at No.442, 443, 444, 436, 437, 437/1, 438, 438A, 449, Oppanakara Street, Town Hall, Coimbatore- 641001. 1/4

For Petitioner : Mr.J.Kingsly Solomon For Respondents : Mr.Najeeb Usman Khan (R1) Mr.Meganathan (R2) Public Prosecutor ***

O R D E R

This Writ Petition has been filed seeking direction to the respondents herein to consider the representation of the petitioner dated 03.12.2024 and to direct the 1st Respondent to take immediate action to demolish the building situated at No.442, 443, 444, 436, 437, 437/1, 438, 438A, 449, Oppanakara Street, Town Hall, Coimbatore- 641001.

2. The petitioner wanted the 1st respondent to initiate action for the demolition of the property situated at No.442, 443, 444, 436, 437, 437/1, 438, 438A, 449 Oppanakara Street, Town Hall, Coimbatore. He has given a representation to the respondents on 03.12.2024 to the said effect. As the representation is not yet considered, the present writ petition has been filed.

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3. The plea of the petitioner is that the building is aged 67 years and it might collapse at any moment.

4. Considering the limited prayer sought for by the petitioner, there shall be a direction to the 1st respondent to consider the representation of the petitioner dated 03.07.2024. It is made clear that prior to passing the order, the 1st respondent shall cause an inspection and in case there are persons who are in occupation of the said property, he shall issue notice to them and after hearing them shall pass orders on merits and in accordance with law. The said exercise shall be completed within a period of four months from the date of receipt of a copy of this order.

5. This writ petition is disposed of accordingly. No costs. 27.12.2024 Speaking/Non-speaking order Index : Yes / No arr 3/4

V.LAKSHMINARAYANAN.J., arr To

1. The Commissioner, Coimbatore City Municipal Corporation, Coimbatore.

2. The Commissioner of Police, Coimbatore City, Coimbatore- 641 018.

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