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2022 Supreme(Mad) 895
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
V.Bhavani Subbaroyan, J.
S.Nirmala - Petitioner
Versus
The Commissioner, Madurai Corporation and ors. – Respondents
W.P(MD)No.27139 of 2022
Decided On : 01-12-2022
Advocate Appeared:
For the Petitioner: Mr.B.Sukumar
For the Respondent: Mr.S.Vinayak Standing Counsel
The court can issue a Writ of Mandamus directing the respondents to consider and make a decision on the petitioner's representation for property demolition within a specified time frame.
Headnote:
Writ of Mandamus - Property Demolition - The court directed the respondents to consider the petitioner's representation for permission to demolish the property and pass appropriate orders based on assessment within sixteen weeks.
Fact of the Case:
The petitioner sought permission to demolish a property due to damage caused by rainwater, but the respondents did not grant permission, leading to the filing of the Writ Petition.
Finding of the Court:
The court directed the respondents to consider the petitioner's representation and pass appropriate orders based on assessment within sixteen weeks, without delving into the merits of the matter.
Issues: Permission to demolish property, damage caused by rainwater, failure of respondents to grant permission.
Ratio Decidendi: The court emphasized the need for the respondents to consider the petitioner's representation and make a decision based on assessment and in accordance with the law within a specified time frame.
Final Decision: The Writ Petition stands disposed of with the direction for the respondents to consider the petitioner's representation and pass appropriate orders within sixteen weeks.
ORDER :
The Petitioner has prayed for issuance of a Writ of Mandamus directing the respondents to give permission to demolish the property situated in Resurvey No.63/6A and 63/6B eastern portion of Plot No.9 in Managiri Second Bit Village, Madurai North Taluk along with building within the time stipulated, on the basis of the Petitioner’s representation, dated 6.8.2022.
2. Mr.S.Vinayak, learned Standing Counsel takes notice for the respondents 1 and 2/Madurai Corporation. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.
3. The case of the Petitioner is that the Petitioner had purchased the prayer mentioned property and got it registered in Doc.No.4299/2021, on the file of Sub-Registrar Office, Tallakulam. After purchase, the Petitioner has paid taxes to Madurai Corporation in Assessment Nos. 115/031/00931, 115/031/00932 bearing Door Nos.150 and 151 respectively in Vivekananthar Street and the rain water come to the house and caused damage to the building causing problem to the neighbour and public people. In this regard, the Petitioner sent a representation on 6.8.2022 seeking permission to demolish the building and the same was acknowledged on 8.8.2022 and 12.8.2022 by the respondents 1 and 2 respectively. Since no permission was granted, the petitioner has filed this Writ Petition for the relief stated supra.
4.The learned Standing Counsel appearing for the respondents/Corporation would submit that they should inspect the property in question along with engineers to find out whether the same is in dilapidated condition or not and if it needs demolition, the respondents will give permission to demolish the said building based on the representation submitted in this regard within the time stipulated by this Court.
5.In view of the above, this Court, without going into the merits of the matter directs the respondents to consider the representation of the Petitioner, dated 6.8.2022 and pass appropriate orders based on the assessment made by them in respect of the condition of the Petitioner’s building, on merits and in accordance with law, after affording an opportunity of hearing to all the parties concerned, within a period of sixteen weeks from the date of receipt of a copy of this order.
6.With the above direction, the Writ Petition stands disposed of. No costs.
