G.Shanmugavel v. J.Nazreen

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.04.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J. NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY and CMP(MD)No.13131 of 2024 G.Shanmugavel ... Appellant Vs.

1. J.Nazreen

2. The Commissioner, Tiruchirapalli Corporation, Tiruchirapalli.

3. The Assistant Commissioner, Zone IV, Ponmalai, Tiruchirapalli Corporation, Tiruchirapalli.

4. K.Murugan

5. N.Venkatachalam

6. Syed

7. Sivalingam ... Respondents Prayer : Writ Appeal filed under Clause 15 of the Letter Patent against the order of this Court in W.P(MD)No.14102 of 2023, dated 21.03.2024. Prayer in WP(MD). 14102/ 2023 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue of Writ of Mandamus directing the respondents 1 and 2 to cause inspection of the dilapidated and dangerous building situates at T.S.No.324/1, Part Ward J, Block 5, New T.S.No. 10/2 Part and 11, Ward X, Door N.32 and Door No.35, 1/3

Promenade Road and Convent Road (presently known as Bharathidasan Salai), Trichy and examine its structural stability and consequently to demolish the Tiruchirapalli City Municipal Corporation Act, 1994 within the period that may be stipulated by this Honble Court.

For Appellant : Mr.G.Ganeshkumar For R1 : Ms.J.Jasima Yasmin for M/s.Ajmal Associates For R2 & R3 : Mr.R.Baskaran, Senior Counsel for RB Law Associates For R4 to R7 : No appearance

JUDGMENT

(Judgment of the Court was delivered by S.SRIMATHY, J.) This Writ appeal is directed against the order made in W.P(MD)No.14102 of 2023, dated 21.03.2024.

2.

On the earlier occasion, the matter was argued elaborately and this Court suggested the learned counsel for the appellant to file a review application, if necessary.

3.

Today, the learned counsel appearing for the appellant would state that the appellant may be givent liberty to file a review application before the concerned court the till such time, interim protection may be given. 4.

Recording the said submission, the Writ Appeal is dismissed with liberty 2/3

to the appellant to file a review application within a period of one week from the date of receipt of a copy of this judgment. Till such time, no coercive action shall be taken by the authorities with regard to the dilapidated building in question. No cost. Connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS.II) // True Copy // / /2025 Sub Assistant Registrar (CS-I/II/III/IV) Tmg To:

1. The Commissioner, Tiruchirapalli Corporation, Tiruchirapalli.

2. The Assistant Commissioner, Zone IV, Ponmalai, Tiruchirapalli Corporation, Tiruchirapalli.

+1 CC to M/s.G.GANESH KUMAR, Advocate(SR-24210[F] dated 09/04/2025) +1 CC to M/s.AJMAL ASSOCIATES, Advocate(SR-23363[F] dated 08/04/2025) DATED : 07.04.2025 SL(28.04.2025)/ 3P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 3/3