Thennarasu v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.03.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Thennarasu ... Petitioner Vs.

1.The District Collector, 2.The Tahsildar, Usilampatti.

3.The Executive Engineer, Public Works Department, Thallakulam, 4.The Tamil Nadu Police Housing Corporation Limited, Madurai Division, Represented by The Executive Engineer, 2, Inspector Quarters, New Natham Road, T.S.P.VI Bn Campus, Madurai - 625 014.

(R.4 is suo motu impleaded vide order of this Court dated 04.03.2024) ... Respondents 1/4

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the third respondent to demolish the dilapidated 124 years old building, remaining at S.No.30/6, Sindhupatti Village, Usulampatti Taluk, Madurai District, as per the proceedings of the second respondent under O.Mu.No. 1317/2021/e2, dated 13.04.2022.

For Petitioner : Mr.K.R.Laxman For Respondents : Mr.S.Kameshwaran Government Advocate

ORDER

Heard both sides.

2. It is beyond dispute that the petition mentioned building which housed a Police Station is 124 years old and it is in a dilapidated condition. Communication dated 13.04.2022 issued by the Tahsildar, Usilampatti is clear and categorical. It is the duty of the local body to demolish dangerous structures.

3. Even though the learned counsel appearing for the fourth respondent submitted that approval has to be obtained from the 2/4

competent authority, I am of the view that the issue cannot brook further delay. It is stated that children tend to use the building as a play area. It is also alleged that during nights hours illegal activities were going on.

4. I direct the fourth respondent to carry out demolition of the petition mentioned building forthwith and without delay. It is for the fourth respondent to obtain appropriate orders in the meanwhile. The demolition work shall be completed within a period of six weeks from the date of receipt of a copy of this work.

5. This writ petition is allowed accordingly. There shall be no order as to costs.

04.03.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA To 1.The District Collector, 3/4

G.R.SWAMINATHAN, J.

MGA 2.The Tahsildar, Usilampatti.

3.The Executive Engineer, Public Works Department, Thallakulam, 4.The Executive Engineer, Tamil Nadu Police Housing Corporation Limited, Madurai Division, 2, Inspector Quarters, New Natham Road, T.S.P.VI Bn Campus, Madurai - 625 014.

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