K.Muruganandham v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.09.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No. 13556 of 2020 K.Muruganandham ...

Petitioner Vs.

1.The District Collector, Trichy District, Trichy.

2.The Tahsildar, Srirangam Taluk, Trichy District.

3.The Commissioner, Trichy City Corporation, Trichy.

4.The Assistant Commissioner, Srirangam Division, Trichy City Corporation, Trichy.

5.R.Rajaram.

...

Respondents 1/6

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus or any other order or direction in the nature of writ, directing the respondents 3 and 4 to take action against the 5th respondent under section 327 of the Tiruchirappalli City Municipal Corporation Act 1994 to remove his dilapidated building situated in Door No.78, West Street, Melur, Srirangam, Trichy by considering the petitioner's representation, dated 01.06.2020.

For Petitioner : Mr. T.Lenin Kumar For Respondents : Mr.B.Saravanan Additional Government Pleader, for R1 and R2 Mr.J.Sri Prasad for M/s.R.B.Law Associates for R3 and R4

ORDER

This writ petition is filed for Writ of Mandamus directing the respondents 3 and 4 to take action against the 5th respondent under section 327 of the Tiruchirappalli City Municipal Corporation Act 1994 to remove his dilapidated building situated in Door No.78, West Street, Melur, Srirangam, Trichy by considering the petitioner's representation, dated 01.06.2020. 2/6

2. Heard Mr. T.Lenin Kumar, the Learned counsel appearing for the petitioner, Mr.B.Saravanan, the Learned Additional Government Pleader, appearing for the respondents 1 & 2, Mr.J.Sri Prasad for M/s.R.B.Law Associates, the Learned Counsel appearing for the respondents 3 & 4 and perused the material documents available on record.

3. The contention of the petitioner is that the building put up by the 5th respondent is in dilapidated condition and would cause injuries to people, if any untoward incident happens. The respondents will be liable to pay compensation. Therefore, the petitioner has submitted a representation, dated 01.06.2020 to remove the dilapidated building.

4. Accordingly, the respondents 1 to 4 are directed to conduct spot inspection. If the allegation is true, the 5th respondent shall be directed to remove the dilapidated building. If the 5th respondent is not obeying the order, the 1st respondent is directed to remove the building, as per Law. 3/6

5. With these observations and directions, this Writ Petition is allowed. No Costs.

Index : Yes / No 22.09.2023 Internet : Yes ksa 4/6

To 1.The District Collector, Trichy District, Trichy.

2.The Tahsildar, Srirangam Taluk, Trichy District.

3.The Commissioner, Trichy City Corporation, Trichy.

4.The Assistant Commissioner, Srirangam Division, Trichy City Corporation, Trichy.

5/6

S.SRIMATHY. J ksa Order made in W.P.(MD)No. 13556 of 2020 22.09.2023 6/6