O.K.Radhika Vs The Commissioner

Writ Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus, to direct respondents 1 to 4 to implement and enforce the demolition approval dated 20.08.2024 for the building situated at “Marine View” bearing Old No.107, New No.116, Sathome High Road, Chennai-600 028 and take suitable action within a time frame under Section 258 of the Chennai City Municipal Corporation Act, 1919, as the same is in a ruinous state, imminently dangerous to the inmates and dangerous to the passerby.

¶22

For Petitioner : Mr.Hasan Mohamed Jinnal Senior Counsel for Mr.K.Prahalad Bhat For Respondents : Mr.D.B.R.Prabhu Standing Counsel, for R1 to R4 *********

¶23

O R D E R

¶24

Mr. D.B.R. Prabhu, learned Standing Counsel, accepts notice on

¶25

behalf of respondents 1 to 4. Since this writ petition is being disposed of without adversely affecting the rights of the fifth respondent, notice to the fifth respondent is dispensed with.

¶26

Page Nos.2/6

¶27

https://www.mhc.tn.gov.in/judis

¶28

W.P.No.27715 of 2026

¶29

The petitioner claims to be the owner of the building bearing Old No.107, New No.116, Santhome High Road, Chennai – 600 028. According to the petitioner, the building is in a dilapidated condition, unfit for human occupation, and poses a danger to human life. She therefore submitted an application to the respondent Corporation seeking permission to demolish the building.

¶30

It is stated that the respondent Corporation issued a show cause notice dated 04.07.2024 to the petitioner’s husband and the fifth respondent, who is occupying the premises as a tenant, directing them to vacate the building, take necessary safety measures, obtain demolition approval from the Greater Chennai Corporation, and demolish the building without causing inconvenience to the general public. Pursuant to the said notice, the petitioner paid the requisite demolition charges, and the respondent Corporation granted demolition approval on 20.08.2024.

¶31

The grievance of the petitioner is that, despite the demolition approval having been granted, the respondent Corporation has not taken any steps to implement the same.

¶32

Page Nos.3/6

¶33

https://www.mhc.tn.gov.in/judis

¶34

W.P.No.27715 of 2026

¶35

Learned Standing Counsel appearing for respondents 1 to 4 submitted that the demolition approval dated 20.08.2024 will be implemented in accordance with law after issuing notice to the fifth respondent, as required under Section 136 of the Tamil Nadu Urban Local Bodies Act, 1998.

¶36

Recording the above submission, this writ petition is disposed of with a direction to respondents 1 to 4 to implement the demolition approval dated 20.08.2024 on its own merits and in accordance with law, after issuing notice to and affording an opportunity of hearing to the fifth respondent. The entire exercise shall be completed within four (4) weeks from the date of receipt of a copy of this order.

¶37