✦ High Court of India · 08 Aug 2024

High Court · 2024

Case Details High Court of India · 08 Aug 2024

Court

High Court of India

Decided

08 Aug 2024

Bench

Not available

Length

1,234 words

Acts & Sections

Constitution of India

W.P.No.15942 of 2024 etc.IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 08.08.2024CORAM:THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYANW.P.Nos.15942, 15973, 16067 & 16277 of 2024and W.M.P.Nos.17404, 17442, 17577 & 17816 of 2024V.SiddharthanM.G.R.Commercial Complex Shop No.8,Jawahar Main Road,Punjai Puliyapatti,Sathyamangalam Taluk,Erode District – 638 459... Petitioner in W.P. No.15942 of 2024P.S.PalanisamyM.G.R.Commercial Complex Shop No.6,Jawahar Main Road,Punjai Puliyapatti,Sathyamangalam Taluk,Erode District – 638 459... Petitioner in W.P. No.15973 of 2024G.VeluchamyM.G.R.Commercial Complex Shop Nos.3&4,Jawahar Main Road,Punjai Puliyapatti,Sathyamangalam Taluk,Erode District – 638 459... Petitioner in W.P. No.16067 of 2024G.DharmalingamM.G.R.Commercial Complex Shop No.12,Jawahar Main Road,Page 1 of 11 https://www.mhc.tn.gov.in/judis W.P.No.15942 of 2024 etc.Punjai Puliyapatti,Sathyamangalam Taluk,Erode District – 638 459... Petitioner in W.P. No.16277 of 2024Vs.The Commissioner,Punjai Puliyampatti Municipality,Punjai Puliyampatti,Erode District – 638 459.... Respondent inall W.Ps.Common Prayer: Writ Petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for records of order in Na.Ka.No.1135/2015/A1 dated 24.05.2024 on the file of the respondent herein and quash the same and consequently forbearing the respondent from evicting the petitioner before expiry of lease period. In all W.Ps.For Petitioner : Mr.M.PonrajFor Respondent: Mr.B.Anand Standing CounselCOMMON ORDERThese writ petitions have been filed challenging the order passed by the respondent dated 24.05.2024, thereby directed the petitioners to vacate the premises and handover the same, in order to demolish the same since it is in dilapidated condition. Page 2 of 11 https://www.mhc.tn.gov.in/judis W.P.No.15942 of 2024 etc.2.The respondent owned shops at commercial complex at Jawahar Main Road in Punjai Puliyampatti, Sathyamangalam Taluk, Erode District. The respondent had conducted auction to let out the shops and the petitioners had participated in the auction and there were the successful bidders for their respective shops. After complying all the conditions, the petitioner occupied their respective shops. The petitioners were granted license for the period of three years. 3.As per the government order in G.O.Ms.No.92 Municipal Administration and Water Supply Department dated 03.07.2007, after expiry of three years, the respondent municipality is having power to revise the rent and extend the license period. Accordingly, the respondent extended their license period for further period of three years with enhancement of rent. Now, the respondent by the impugned order directed the petitioners to vacate the shops, in order to demolish the same since they are in dilapidated condition. 4.The learned counsel appearing for the petitioners submitted Page 3 of 11 https://www.mhc.tn.gov.in/judis W.P.No.15942 of 2024 etc.that the petitioners are running shops in the subject premises for the past several years and the buildings are in very good condition. It requires very small repair works. The respondent in order to vacate the petitioners raised the false ground. 5.The learned Standing Counsel appearing for the respondent submitted that the buildings of the entire shops are in dilapidated condition and it is very dangerous to allow the general public to inside the said shops. Therefore, the respondent intended to demolish the entire buildings and construct new commercial complex. On receipt of the report from the concerned Engineer, the petitioners were served with notice thereby directed the petitioner to vacate and hand over the shops. In fact, the petitioners were already served with notice dated 21.03.2024 thereby directing them to vacate the premises within stipulated time. Even then, the petitioners did not vacate the same. Therefore, the petitioners served with present final notice dated 24.05.2024. The learned Standing Counsel further submitted that the respondent will give alternate accommodation to the petitioners till the expiry of the present lease period in Thiru. Vee. Kaa Thindal Shopping complex and Bus Page 4 of 11 https://www.mhc.tn.gov.in/judis W.P.No.15942 of 2024 etc.Stand Shopping Complex. 6.Heard the learned counsel appearing on either side and perused the material placed before this Court. 7.On perusal of records revealed that this Court by an order dated 01.07.2024, directed the Public Works Department to inspect and submit report with regard to structural stability of the building. Accordingly, the Executive Engineer, PWD, Buildings (C&M) Division, Erode, inspected the subject buildings and submitted report to the Commissioner, Erode viz., respondent herein on 31.07.2024. On perusal of the said report revealed that the commercial complex which are occupied by the petitioners at Shop Nos.3, 4 & 8 were constructed during the year 1994 and Jawahar Main Road Complex shop Nos.6 & 12 were constructed during the year 1982. Now both the complex structures were notice with server cracks in the main direction of roof slab and beams. More over the walls supporting the slabs also found cracks. The report also annexed with photographs. 8.Further, Non Destructive Tests were conducted for getting Page 5 of 11 https://www.mhc.tn.gov.in/judis W.P.No.15942 of 2024 etc.the strength of the concrete of RCC elements in the subject premises and the tests results are as follows :-Sl. No.Test LocationYear of constructionGeneral observa-tionObservationsRCC ElementsAvailable Strength of RCCRequired Strength of RCCRemarks1MGR Commercial Complex Shop Nos. 3 & 4 (Jewel Shop)1994Horizontal cracks are noticed on the roof slab, dampness also noticed on it. Cracks are found on the main direction which may lead to the spalling of concreteSlabBeam4.79 N/mm24.92 N/mm215 N/mm215 N/mm2Structurally not stable2.Jawahar Main Road Complex Shop No.6 (SP metals vessel Shop)1982Concrete slab (near third beam) got damaged and reinforcement was visible outside and both the main and secondary reinforcement were fully corroded. Due to corrosion of embedded steel reinforcement in the roof slab, cover portion of the RCC slab was peeled in may places.Slab12.66 N/mm215 N/mm2Structurally not stablePage 6 of 11 https://www.mhc.tn.gov.in/judis W.P.No.15942 of 2024 etc.Sl. No.Test LocationYear of constructionGeneral observa-tionObservationsRCC ElementsAvailable Strength of RCCRequired Strength of RCCRemarks3MGR Commercial Complex Shop No.8 (Jewel Shop)1994The roof slab bottom suitable is not in level due to the peeling off of concrete surface. Sagging of slab is noticed and also uplift of the corner of the slab are noticed which may lead to the sudden failure of the concrete slab. Slab cornerBeam7.67 N/mm28.20 N/mm215 N/mm215 N/mm2Structurally not stable4Jawahar Main Road Complex Shop No.12 (Jewel Shop)1982Diagonal cracks are noticed in the wall. Crack in ceiling is noticed.Roof Slab7.80 N/mm215 N/mm2Structurally not stable9.Based on the results of the physical verification and Non Destructive Test results, it is found that the corrosion is highly pronounced with leads to spalling of concrete and sudden failure may occur in future at any time without warning and informed that the subject buildings are structurally not stable.Page 7 of 11 https://www.mhc.tn.gov.in/judis W.P.No.15942 of 2024 etc.10.In view of the above report and also the assurance given by the respondent to provide alternative accommodation to the petitioners, this Court finds no infirmity or illegality in the notice issued by the respondent and all the writ petitions are devoid of merits and liable to be dismissed. The petitioners are directed to vacate and handover the vacant shops to the respondent on or before 02.09.2024 failing which, the respondent is directed to proceed further as per the impugned notice dated 24.05.2024, on condition that the petitioners may be allotted alternative shops in Thiru. Vee. Kaa Thindal Shopping complex and Bus Stand Shopping Complex. 11.Accordingly, all the Writ Petitions stand dismissed. Consequently, connected miscellaneous petitions are closed. There shall be no orders as to costs. 08.08.2024Index : Yes/NoSpeaking/Non Speaking orderNeutral Citation : Yes/NoNote:- Issue order copy on or before 23.08.2024Page 8 of 11 https://www.mhc.tn.gov.in/judis W.P.No.15942 of 2024 etc.rtsPage 9 of 11 https://www.mhc.tn.gov.in/judis W.P.No.15942 of 2024 etc.ToThe Commissioner,Punjai Puliyampatti Municipality,Punjai Puliyampatti,Erode District – 638 459.Page 10 of 11 https://www.mhc.tn.gov.in/judis W.P.No.15942 of 2024 etc. G.K.ILANTHIRAIYAN. J,rtsW.P.Nos.15942, 15973, 16067 & 16277 of 2024and W.M.P.Nos.17404, 17442, 17577 & 17816 of 202408.08.2024Page 11 of 11

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