Madras High CourtWP(MD)/20924/2023disposed of

R.Prabhu v. The District Collector

2023-09-14Honourable Mr Justice B.Pugalendhi6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI

1. R.Prabhu

2. Venkatesan.N.S

3. Saraswathi

4. Jabbar Sadik ... Petitioners Vs 1.The District Collector, Pudukottai District, Pudukottai.

2.The Municipal Commissioner (General), Municipal Corporation, Office of the Municipal Corporation, Pudukottai.

3.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, 4.The Superintendent of Police, Office of the Superintendent of Police, Pudukkottai 622 003.

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5.The Superintending Engineer, Office of the Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., (TANGEDCO), 6.The Tahsildar, Tahsildar Taluk Office, Pudukkottai -622 001.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a writ of mandamus, directing the respondents to demolish the dilapidated building comprising in Survey Nos.3092/7 to 3092/10, 3092/4B and 3092/4C situated at Block No.45, South Raja Street, Pudukkottai Town, Pudukkottai, by considering the petitioners' representation sent to the respondents dated 07.08.2023. For petitioner : Mr.L.Prabhu For R1, R3, R5 & R6 : Mr.G.V.Vairam Santhosh Additional Government Pleader For R2 : Mr.Kameshwaran Government Advocate For R4 : Mr.P.Kottaichamy Government Advocate

O R D E R

The petitioners, who are running business in the shops in a building complex in Survey Nos.3092/7 to 3092/10, 3092/4B and 2/6

3092/4C situated at Block No.45, South Raja Street, Pudukkottai Town, Pudukkottai has filed this writ petition to direct the respondents for demolition of the above building, since the building is in a dilapidated condition.

2.Mr.Kameshwaran, learned Government Advocate, who takes notice for the second respondent submits that in the subject shopping complex, there are totally 10 shops are available. The petitioners are having only four shops. One of the tenant of the said shopping complex has already filed a writ petition in WP(MD) No. 7459 of 2015 before this Court and this Court has also passed an order on 03.08.2023. However, for the very same relief the petitioners have approached this Court.

3.In view of the fact that the issue involved in this writ petition has already been decided by this Court in WP(MD) No.7459 of 3/6

2015 on 03.08.2023, this Court is not inclined to issue any further directions. This writ petition is disposed of with a direction to the respondents to act in accordance with the earlier order passed by this Court in WP(MD) No.7459 of 2015, dated 03.08.2023. No costs. 14.09.2023 NCC :Yes/No Index :Yes/No Internet:Yes vrn 4/6

To 1.The District Collector, Pudukottai District, Pudukottai.

2.The Municipal Commissioner (General), Municipal Corporation, Office of the Municipal Corporation, Pudukottai.

3.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, 4.The Superintendent of Police, Office of the Superintendent of Police, Pudukkottai 622 003.

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B.PUGALENDHI, J.

vrn Order made in 14.09.2023 6/6