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Judgment
R. Sudhakar, J.—Mr. T.C. Gopalakrishnan, learned counsel takes notice for the respondents 1 to 3.
This writ petition has been filed for a direction to the respondents to consider the representation of the petitioner dated 01.4.2014 in respect of the building situate at Door No. 36, New Door No. 97, Godown street, Chennai-1.
Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents 1 to 3.
In the affidavit filed in support of the writ petition, the petitioner averred that the property situate at Door No. 36, Godown street originally belonged to his grand-father Haji Mohamed Abdul Aziz, who purchased the same from one Mohamed Ameem Khaleeli through sale deed dated 27.5.1925 and the grand-father of petitioner died in the year 1949 and after his death, the property was succeeded by his two sons, viz. Haji Dasthagir Sheriff and Haji Mohamed Sheriff along with their mother Mahboob Bi. Haji Dasthagir Sheriff and Haji Mohamed Sheriff were carrying on business in the said building and in the year 1971, there was a partition between Dasthagir Sheriff and Mohamed Sheriff and the property at No. 36, Godown street was allotted to the share of Mohamed Sheriff.
The petitioner is son of Mohamed Sheriff. After partition, the father of the petitioner let out the property to various tenants and the tenants were doing textile business in small shops, occupying all ground plus three floors. The father of the petitioner died in the year 2001 and after the death of the father of petitioner, the property at No. 36, Godown street has devolved by inheritance to his legal heirs. With the consent of his mother, sisters and brother, the petitioner is managing the said property by collecting rents from the tenants, who were in occupation from the year 1971.
It is averred in the affidavit that finding ruinous stage of the building and dangerous to the passersby, the 2nd respondent herein had initiated proceedings for demolition of the building under the provisions of Section 246-A of the Chennai City Municipal Corporation Act. The tenants were obstructing demolition of the building. Therefore, the petitioner has no other remedy, except to institute Rent Control Proceedings seeking demolition and reconstruction of the building in R.C.O.P. No. 1820 of 2009 on the file of XVI Small Causes Court, Chennai. After, filing of R.C.O.P. No. 1820 of 2009, some of the tenants have entered into a compromise with the petitioner and have handed over vacant possession and few of them refusing to vacate the property, though they knew that the building is in a precarious condition.
Case of the petitioner is that the building is inhabitable and it is a danger to public safety and also is in a ruinous condition. During the 3rd week of March, 2014, the G.I. Pipes supporting the building started crumbling and the building walls developed deep cracks. Therefore, the petitioner submitted application to the respondents seeking intervention of the respondents for immediate measures to be taken to demolish the building and the respondents have not taken any steps on the representation submitted by the petitioner sofar. Hence, the petitioner has filed this writ petition for direction to consider the representation of the petitioner dated 01.4.2014 by the respondents.
The prayer in the writ petition does not state for what purpose the representation of the petitioner is to be considered. A perusal of the representation of the petitioner dated 01.4.2014, it is seen that the petitioner wants action for demolition of the building situate at New No. 98, Old No. 36, Godown street, Chennai-1, but in the writ petition, it is stated that representation has been given in respect of the building situate at Door No. 36, New No. 97, Godown street, Chennai-1. What has been stated in the representation dated 01.4.2014 relates to the building situate at New Door No. 98, Godown street, Chennai. Therefore, the relief prayed for by the petitioner in this writ petition to consider the representation of the petitioner dated 01.4.2014 in respect of building situate at Door No. 36, New Door No. 97, Godown street, Chennai-1, cannot be granted. There is contradiction in the Door Number in the representation dated 01.4.2014 and the door number in the writ petition and on this ground, the writ petition is liable to be dismissed. Further, the representation is totally devoid of any details as to the reasons for demolition.
Accordingly, the writ petition is dismissed. However, liberty is given to the petitioner to file a fresh writ petition, based on the representation dated 01.4.2014, if so advised with full and correct particulars.