K.V.Meenakshi Sundaram, v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.11.2025
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA K.V.Meenakshi Sundaram .. Petitioner Vs.
1.The District Collector, Trichy and District, Trichy.
2.The Tahsildar, Manaparai Taluk, Trichy District.
3.The Municipal Commissioner, Manapparai Municipality, Trichy District.
4.Suppammal 5.K.Ramasubramanian .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents 1 to 3 to demolish the petitioner's building situated in T.S.No.49, Ward-D, Block -12, D.No.11 and 12 is situated at Agraharam Street, Manapparai,
Trichy District in view of the dilapidated condition of the building in the light of the proceeding of the 3rd respondent dated 28.02.2019. For Petitioner : Mr.R.Kathiresaperumal For R1&R2 : Mrs.S.Jeyapriya Government Advocate For R3 : Mr.M.Siddharthan For R4 : Mr.L.Shaji Chellan
ORDER
This writ petition has been filed for the following relief : "To direct the respondents 1 to 3 to demolish the petitioner's building situated in T.S.No.49, Ward-D, Block -12, D.No.11 and 12 is situated at Agraharam Street, Manapparai, Trichy District in view of the dilapidated condition of the building in the light of the proceeding of the 3rd respondent dated 28.02.2019."
2. The above mentioned property is the petitioner's ancestral property. The 4th and 5th respondents are the tenants in the said building.
As the building is structurally not stable and the building is beyond repairable condition, the petitioner and his two sisters sent a representation to the 1st respondent on 28.12.2018 requesting him to take necessary action to demolish the said building. The same was forwarded to the 3rd respondent. On receipt of the same, the 3rd respondent has passed an order, dated 28.02.2019 stating that as the building is not stable, the said building will be demolished by the Municipal Corporation and the expenses will be charged from the owner of the said building. On 01.03.2019, the petitioner sent a representation to the 4th and 5th respondents requesting them to vacate the said building. However, they did not vacate the building. Therefore, the petitioner sent a representation to the 3rd respondent to take necessary action to vacate the 4th and 5th respondents on 21.05.2019. Since the same was not considered, the petitioner is before this Court.
3. Heard the learned counsels on either side.
4. Taking into consideration the request of the petitioner, this writ petition is disposed of on the following terms : (i) The 3rd respondent is directed to issue notice to the petitioner as well as the 4th and 5th respondents, consider their objections and to direct the Structural Engineer to inspect the premises, verify its stability.
(ii) On receipt of the report, the 3rd respondent shall pass orders in accordance with law.
(iii) The said exercise shall be completed within a period of three (3) months from the date of receipt of copy of this order.
5. With the above directions, this Writ Petition stands disposed of. No costs.
05.11.2025 NCC : Yes/No Index : Yes/No Internet : Yes gbg
To 1.The District Collector, Trichy and District, Trichy.
2.The Tahsildar, Manaparai Taluk, Trichy District.
3.The Municipal Commissioner, Manapparai Municipality, Trichy District.
P.T.ASHA, J.
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