Local authorities have a duty to act expeditiously on safety notices regarding dilapidated structures.

JUDGMENT

The above Writ Petition (C) is filed with the following prayers:

"a) Issue a writ of mandamus or any other appropriate writ or direction, directing the respondents 1 and 2 to take further steps in furtherance of Ext.P2 notice and demolish the building within such time as may be pleased by this honourable court.

b) Petitioner also prays that this hon’ble court may be pleased to dispense with the translation of the document produced in the vernacular language.

And c) Pass any other appropriate order or direction which this Hon’ble Court may deem fit to issue and the petitioner may pray from time to time. "

[SIC]

2. The petitioner is a Trust and is represented by it’s Secretary. The petitioner is aggrieved by the alleged inaction on the part of the 1^st respondent to demolish a 100 years old building which is in dilapidated condition. According to the petitioner, the 2^nd respondent directed to demolish the building after the inspection made by the overseer by way of Ext.P2 notice to the 3^rd respondent. The building is even now existing and it is a threat to public and local residents. Therefore, this writ petition is filed.

3. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the Municipality.

4. A statement is filed by the 1st and 2nd respondents. It would be better to extract the relevant portion of the statement:

“1. The present petition has been filed seeking appropriate action for the demolition of a building which is more than 100 years old and is situated in a highly unsafe and dangerous condition. Based on the complaint submitted by the petitioner, an inspection was conducted, which revealed that the building is in a severely dilapidated condition and poses an imminent danger to the public at large.

2. In exercise of the powers conferred under Section 411 of the Kerala Municipality Act , a notice dated 17.01.2025 (Exhibit P2) was issued to the 3rd Respondent directing demolition of the aforesaid building. Despite issuance of the said notice, no steps were taken to demolish the building. Thereafter, the dangerous condition of the structure was again brought to the notice of the 3^rd Respondent, pursuant to which the 3^rd Respondent submitted a signed undertaking stating that the building would be demolished on or before 15.01.2026. But the said undertaking has not been materialised by the 3rd Respondent, till date

3. I report the said facts before this Hon’ble Court for further actions, since the writ petition is pending before this Hon’ble Court, and the property resides in the 3rd Respondent’s private property. The Municipality shall be abided by any orders passed by this Hon’ble Court in this concern.”

From the above, it is clear that the building is situated in a dangerous situation and the Municipality issued notice to the 3^rd respondent and the 3^rd respondent is not taking any action. Therefore, necessary directions can be issued to respondents 1 and 2 to do the needful.

Therefore, this writ petition is disposed of with the following directions:

i) Respondent Nos.1 and 2 are directed to do the needful to demolish the unauthorised structure, as expeditiously as possible, at any rate, within a period of 30 days from the date of receipt of a copy of this judgment.