Madras High CourtWP(MD)/4136/2013disposed of

J. Tamilarasi, v. The Municipal Commissioner,

2017-12-08Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:08.12.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD) No.4136 of 2013 J.Tamilarasi ... Petitioner -vs1.The Municipal Commissioner, Dindigul Municipality, Municipality Office, Dindigul.

2.D.Rajadhinakaran 3.K.Jahir Hussain 4.M.Abdul Razaaq 5.D.Vellimalai 6.C.Unni Krishnan ... Respondents Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st respondent to evacuate the inmates i.e the respondents 2 to 6 herein from the old dilapidated building in No.6, Railway Station Road, Dindigul and to remove the building by demolishing the same with assistance of police in accordance with Section 218 of Tamil Nadu District Municipalities Act, 1920.

For Petitioner : Mr.R.Narayanan For R1 : Mr.M.Alagathevan, Special Government Pleader.

For R3 to R6 : Mr.D.Selvaraj For R2 : No Appearance

O R D E R

This writ petition has been filed, seeking a direction to the first respondent to evacuate the inmates i.e., the respondents 2 to 6 herein from the old dilapidated building in No.6, Railway Station Road, Dindigul and to remove the building by demolishing the same with the assistance of police in accordance with Section 218 of Tamil Nadu District Municipalities Act, 1920. 2.Heard the learned counsel for the petitioner, learned Special Government Pleader for the first respondent and the learned counsel for the respondents 3 to 6.

3.The grievance of the petitioner is that the building in question is in a dilapidated condition and no action has been taken or forthcoming by the first respondent to demolish the same. Hence, https://hcservices.ecourts.gov.in/hcservices/

he has given a representation dated 23.07.2012 to the first respondent to take action with regard to removal of the said building. Since no action has been taken so far, the petitioner is before this Court with the above said prayer. 4.Considering the facts and circumstances of the case and also taking into consideration of the dilapidated condition of the building in question, this Court, without going into the merits of the matter, directs the first respondent to take action on the representation of the petitioner dated 23.07.2012 within a period of four weeks from today.

5.With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To:

The Municipal Commissioner, Dindigul Municipality, Municipality Office, Dindigul.

+1cc to THE SPECIAL GOVERNMENT PLEADER in SR. No. 92220 +1cc to Mr.D.SELVARAJ Advocate in SR. No. 91766 +1cc to Mr.B.ROOBAN Advocate in SR. No. 91714 MJ JS/SV/MMS/SAR.1/19.12.2017/2P-5C W.P.(MD) No.4136 of 2013 08.12.2017 https://hcservices.ecourts.gov.in/hcservices/