Atheeswaran v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.06.2026

CORAM

THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR Writ Petition(MD)No.9471 of 2026 Atheeswaran .. Petitioner Vs 1.The District Collector, Thanjavur.

2.The Commissioner, Pattukottai Municipality, Pattukottai, Thanjavur District.

3.The Assistant Executive Engineer Town - II, TANGEDCO (Tamil Nadu Generation and Distribution Corporation Limited) Pattukotttai, Thanjavur District.

4.Sanmugam ..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the second respondent to demolish the ruinous and dilapidated building owned by the petitioner in pattukottai town sy.No.23, 24, 25, 26 having the door no.143, 145A of Pattukottai Municipality. 1/5

For Petitioner : Mr.K.P.Narayanakumar For Respondents : Mr.R.Ramasamy Spl. Govt. Pleader for R1 Mr.N.Viji for Mr.K.Nagarajan for R3

ORDER

The petitioner seeks a direction to the second respondent to grant permission for demolition of the building owned by the petitioner, situated at Pattukkottai Town, comprised in Survey Nos.23, 24, 25 and 26, bearing Door Nos.143 to 145A, within the limits of Pattukkottai Municipality.

2.The petitioner is one of the co-owners of the said property. According to the petitioner, the building is in a dilapidated and dangerous condition and is no longer fit for occupation. It is therefore contended that the Municipality is under an obligation to consider and grant permission for demolition of the structure. 3.The fourth respondent, who claims to be a tenant in occupation of a portion of the building, opposes the request. According to the fourth respondent, the building is structurally sound 2/5

and fit for human habitation. It is further alleged that the petitioner is seeking demolition only as a means to evict the fourth respondent from the premises.

4.In view of the rival contentions and the dispute regarding the structural condition of the building, this Court is of the opinion that the issue requires an assessment by a qualified engineer. 5.Accordingly, the second respondent is directed to appoint a qualified Structural Engineer to inspect the building in question, in the presence of the petitioner and the fourth respondent, and submit a report regarding the structural stability and safety of the building. 6.Upon receipt of the Structural Stability Report, the second respondent shall consider the matter and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to both the petitioner and the fourth respondent. 7.The aforesaid exercise shall be completed within a period of two (2) months from the date of receipt of a copy of this order. 3/5

8.With the above directions, the writ petition stands disposed of. There shall be no order as to costs.

09.06.2026 NCC : Yes/No Index : Yes/No Internet:Yes skn To 1.The District Collector, Thanjavur.

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HEMANT CHANDANGOUDAR, J.

skn Writ Petition(MD)No.9471 of 2026 09.06.2026 5/5