The petitioner, an apartment owner, filed a writ petition praying to restrain demolition without following due process. The respondent counsel stated no demolition application was made. The court rejected the petition as the owner could not file it based merely on apprehension.
Writ petition dismissed. No costs awarded to the party.
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W.P.No.249 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.01.2023
CORAM:
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR
W.P.No.249 of 2023
Wasila Banu
... Petitioner
Vs.
1.The Commissioner Corporation of Chennai Rippon Building Chennai
2.The Assistant Engineer No.VIII Office of Corporation of Chennai Zone VIII,Division 99, Shenoy nagar, Chennai
... Respondents
PRAYER: Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of mandamus directing the respondents to not to disturb or demolish our building situated at 1st floor, old Door No.33 and New No.17, Ponnappa Street, Purasaiwalkam, Chennai without following due process of law based on the letter dated 08.12.2022.
For Petitioner : Ms.M.K.Adhmapriyadharisini For Respondents : Mrs.P.T.Ramadevi
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W.P.No.249 of 2023
O R D E R
This writ petition has been filed to direct the respondents to not to
disturb or demolish our building situated at 1st floor, old Door No.33 and New No.17, Ponnappa Street, Purasaiwalkam, Chennai without following due process of law based on the letter dated 08.12.2022.
for demolition order without petitioner consent. Hence, she seeks a direction.
mainly on the basis of apprehension, she cannot file such Writ Petition without any cause.
takes notice and submits and that no such application has been made for demolition.
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W.P.No.249 of 2023
for the respondents, this Writ Petition is dismissed. No costs.
06.01.2023
kpr Index:Yes/No Speaking/Non-speaking order Neutral citation:Yes/No
To 1.The Commissioner Corporation of Chennai Rippon Building Chennai
2.The Assistant Engineer No.VIII Office of Corporation of Chennai Zone VIII,Division 99, Shenoy nagar, Chennai
N. SATHISH KUMAR, J.
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W.P.No.249 of 2023
kpr
W.P.No.249 of 2023
06.01.2023
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1 issue framed by the court
Whether a petitioner who is the owner of an apartment can file a writ petition against apprehension of demolition without a cause or supporting application.
1 provisions across 1 enactments
Wasila Banu
Commissioner Corporation of Chennai
Assistant Engineer No.VIII
N. Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
