Arumugam. G v. The Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.07.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.P.(MD)No.13285 of 2024 G.Arumugam ... Petitioner Vs.

1.The Director, Directorate of Rural Development & Panchayat Raj, Panagal Building, Chennai-600 015.

2.The District Collector, Ramanathapuram, Ramanathapuram District.

3.The Block Development Officer, Thiruvaanai Panchayat Union, Ramanathapuram District.

4.The Tahsildar, Thiruvadanai Taluk, Ramanathapuram District.

5.The Executive Engineer, Thondi Major Panchayat, Thondi, Ramanathapuram District.

6.T.Mariyappan ... Respondents 1/5

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to forbear the 5th respondent or his men and agents from any way of dispossessing the petitioner from his house site property situated at Natham S.No. 62/2 and 85/10, Old Ward No. 12, Chinnaththondi Village, Thiruvadanai Taluk, Ramanathapuram District within a time stipulated by this Court.

For Petitioner : Mr.J.Udhayakumar For Respondents : Mr.G.V.Vairam Santhosh Additional Government Pleader for R1, R2 & R4 : Mr.Jeyaseelan for R3 & R5

ORDER

Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for R1, R2 & R4 and the learned counsel appearing for R3 & R5. Issuance of notice to the sixth respondent is dispensed with.

2. The sixth respondent herein filed W.P.(MD)No.5762 of 2024. The said writ petition was allowed by me on 03.04.2024 in the following terms:- "Heard both sides.

2. The petitioner wants to demolish the petition mentioned building which is said to be 150 years old. His request was rejected on the ground 2/5

that he is not having any title document in his favour. Challenging the said decision of the fifth respondent, the present writ petition has been filed.

3. Section 136 of Tamil Nadu Urban Local Bodies Act, 1998 provides for removal of the dangerous building that are old and dilapidated. The 5th respondent is the authority competent to grant permission. In this case, the reason given by the fifth respondent is patently un-sustainable. The petitioner has enclosed a copy of the patta standing in his favour. When the revenue record reflects the name of the petitioner, the authority is not justified in calling upon the petitioner to produce the deed of conveyance.

4. In this view of the matter, the order impugned in the writ petition is set aside. The matter is remitted to the file of the fifth respondent. The fifth respondent will undertake spot inspection. If the fifth respondent is satisfied that the building is old and dilapidated, permission as sought for by the petitioner shall be granted. The entire exercise shall be completed within a period of ten weeks from the date of receipt of a copy of this order.

5. The Writ Petition is allowed on these terms. No costs. Consequently, connected miscellaneous petition is closed."

3. The petitioner states that he is in possession of the building and that by suppressing his interest in the matter, the said order was obtained. I do not want to go into the factual aspects. I make it clear that before passing any final order, the authority is bound to hear the petitioner herein. The order passed by me should not be taken as positive direction for demolition of the building. It should be understood appropriately. I have only held that the authority must be satisfied that the building is old and is posing danger to the passers-by and is in 3/5

dangerous condition. It is open to the petitioner herein to satisfy the authority that the building is not in a dangerous condition. It is the authority who will take the final call. Based on his decision, further action will be taken. The order dated 03.04.2024 made in W.P.(MD)No.5762 of 2024 is accordingly clarified.

4. The Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.

09.07.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No rmi To 1.The Director, Directorate of Rural Development & Panchayat Raj, Panagal Building, Chennai-600 015.

2.The District Collector, Ramanathapuram, Ramanathapuram District.

3.The Tahsildar, Thiruvadanai Taluk, Ramanathapuram District.

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G.R.SWAMINATHAN, J.

rmi 09.07.2024 5/5