Madras High Court
S.Rajendran vs The Commissioner on 26 July, 2024
Author: V.Bhavani Subbaroyan
Bench: V.Bhavani Subbaroyan
W.P.No.15594 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.07.2024
CORAM
THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
W.P.No.15594 of 2024
S.Rajendran
Singapore Photo Studio,
96A, Main Road,
Namakkal. ... Petitioner
Vs.
1. The Commissioner,
Namakkal Municipality, Namakkal,
Namakkal District.
2. The President,
Sourashtra Vibra Sabha,
11, Dhooban Kumarasamy Street,
Namakkal, Namakkal District. ... Respondents
Writ Petition is filed under Article 226 of the Constitution of India,
to issue a Writ of Mandamus, directing the 1st respondent to permit the
petitioner to remove the collapsed wall and debris of Singapore Studio
building, Main Road, Namakkal, by considering the representation dated
22.05.2024.
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W.P.No.15594 of 2024
For Petitioner : Mr.S.Gunaseelan
For R1 : Mr.M.Raja Mathivanan
Standing Counsel
For R2 : Mr.S.Senthil
ORDER
This Writ Petition has been filed seeking a direction to the 1 st respondent to permit the petitioner to remove the collapsed wall and debris of Singapore Studio building, Main Road, Namakkal, by considering the representation dated 22.05.2024.
2. The case of the petitioner is that, the petitioner's father has taken a land for rent from the 2nd respondent and constructed a photo studio. After demise of his father, the petitioner is running the Studio from the year 2009. The 2nd respondent entered into a rental agreement with another person named Ganesh Devaraj while petitioner is in possession and tried to evict the petitioner with the help of rowdy elements. The petitioner filed a suit in O.S.No.317 of 2013 before the District Munsif Court, Namakkal against the 2nd respondent for a permanent injunction and not to evict him from the shop and the suit is still pending. On 20.05.2024, due to heavy rain, one side of the wall facing main road of https://www.mhc.tn.gov.in/judis 2/4 W.P.No.15594 of 2024 the Singapore Studio collapsed. Taking advantage of this incident, the office bearers and members of 2nd respondent demolished the wall facing Duben Kumaraswamy Road on the early morning of 22 nd May 2024. The petitioner has given representation on 22.05.2024 to the respondents to remove the collapsed wall, but so far, no reply was given. Hence, this Writ Petition was filed.
3. The Learned Standing Counsel appearing for R1 has got instructions and submitted a letter dated 04.07.2024 issued by the 1 st respondent / Commissioner of Namakkal in Na.Ka.No.0876/2014/E2, wherein it is seen that the claim of the petitioner has already been considered and rejected by the respondent, since the subject land does not belong to the petitioner.
4. In view of the above, this Court does not find any merit in this writ petition and accordingly, it is dismissed. No costs.
26.07.2024 raja V.BHAVANI SUBBAROYAN, J.
https://www.mhc.tn.gov.in/judis 3/4 W.P.No.15594 of 2024 raja Index : yes/no Internet : yes/no To
1. The Commissioner, Namakkal Municipality, Namakkal, Namakkal District.
2. The President, Sourashtra Vibra Sabha, 11, Dhooban Kumarasamy Street, Namakkal, Namakkal District.
W.P.No.15594 of 2024
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