Smti.Ajay Kumari v. The Andaman And Nicobar Administration And ORS

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/613/2024 Smt. Ajay Kumari Vs.

The Andaman and Nicobar Administration and others Mr. KMB Jayapal ... for the petitioner Mr. Rakesh Kumar ... for the respondents November 12, 2024 [SR] Item No.7 1.

Pursuant to an order of this Court passed in WPA/48/2024 on 06.02.2024, the Secretary, Port Blair Municipal Council considered the inspection report dated 02.02.2024 and found that the building in question is dangerous to live in.

2.

The petitioner claims that since after receiving the notice from the PBMC, she has effected the repairs. 3.

The Executive Engineer as well as the Secretary, PBMC have reported that the repairs are a lip service and not effective repairs.

4.

In those circumstances, since the impugned order has been passed by the Secretary, PBMC after complying with the principles of natural justice and there is no perversity therein, this Court is not inclined to interfere with the order of the Secretary, PBMC dated 07.10.2024.

5.

The petitioner may seek remedies available under the law in respect of his grievances.

6.

Mr. Jayapal, learned counsel for the writ petitioner seeks interim protection till such time so that he would be able to file a civil suit against her landlord to pursue to effect repair of the premises. The impugned order shall not be implemented for a period of 15 days from date.

7.

With the above observation the writ petition stands dismissed. There shall be no order as to costs. 1.

Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all formalities. ( Rajasekhar Mantha, J. )