H SHAJAHAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) AGGRIEVED by the order of the first respondent dated 27.08.2002, informing the petitioner that the building in question is in dilapidated condition and it cannot be used any longer, requesting him to vacate the same, has filed the above writ petition to quash the said order.

(2.) ACCORDING to the petitioner, he entered into a rental agreement dated 30.04.1996 in respect of Shop No.4 situated at PAPJM Library Building at Main Guard Gate, Trichy - 8 on a monthly rental basis, initially for a period of 11 months. The third respondent filed an application under Sections 4 and 7 of the Tamil Nadu Public Premises (Eviction of Unatuorised Occupants) Act, 1975 (in short "the Act") for evicting the petitioner from the said premises on the ground that he has not paid the rent as per the recommendation of the Rent Review Committee. Aggrieved by the same, the petitioner filed a statutory appeal under Section 9 of the Act before the District Court, Trichy in CMA.No.13 of 2001. The appeal was allowed and remanded to the Estate Officer for fresh enquiry. On meeting the shop owners, the third respondent informed that there is no need to demolish the building and certain repairs to the building can extend the life of the building for a further period of 10 years. The 4th respondent conducted an inspection in the month of January, 2002 and submitted his report on 13.03.2002 to the first respondent. In the said report, the 4th respondent has stated that if repairs are carried out, the life span of the building can be extended to a further period of 10 years and the cost of such repairs was estimated at Rs.20.97 lakhs. While so, the first respondent, instead of appointing a Committee of Experts to go into the veracity of the reports, passed the impugned order for demolishing the building and permitting the third respondent to construct a new building. Questioning the said action, the petitioner has filed the above writ petition.