D. SENTHIL Vs. DISTRICT COLLECTOR, THIRUVARUR AND OTHERS

JUDGEMENT

(1.) By consent, the writ petition is taken up for final disposal. Mr. A.N. Thambidurai, learned Special Government Pleader accepts notice on behalf of the respondents 1 and 2.

(2.) The writ petition styled as Public Interest Litigation, is filed by the petitioner who is an Ex-Counsellor of Tiruvarur Municipality and also the Ex-Vice Chairman of the said Municipality and he would aver that he used to work for the development and welfare of Tiruvarur Municipality and played an important role towards public welfare and used to fight for the welfare of those people who are poor and downtrodden. The petitioner would also state that he is an agriculturist and his annual income is around Rs. 3 lakhs and he is not an income tax assessee and as such, he is not having PAN Card in his name. The grievance expressed by the petitioner is that five buildings are owned by the said Municipality, viz., Thazhai M. Karunanidhi Commercial Complex ; Two Wheelers stand situated nearby Arun Lodge ; Commercial Center situated at Santhanapettai, Old Thanjai Road ; Municipality Lodge situated at Old Thanjai Road and Commercial Complex situated at I.P. Kovil Sannadhi Street, and the lease/license had been granted in respect of those five buildings for a period of three years between 2018-2021 and it is the specific case of the petitioner that one of the buildings owned by the 2nd respondent/Municipality in Thazhai M. Karunanidhi Commercial Complex, is in a dilapidated condition and it is under Lock and Seal and right adjacent to the said building, a temporary structure housing a cycle stand is located and lease/license to operate the cycle stand has been granted in favour of the third respondent. The petitioner would state that in the event of the building falling down, there is a likelihood of loss of lives and property and in this regard, the petitioner has submitted a representation dated 20.03.2018 to the respondents and despite receipt and acknowledgement, no action has been taken so far and hence, the petitioner came forward to file the present writ petition.

(3.) Mr. A.N. Thambidurai, learned Special Government Pleader appearing for the respondents 1 to 3 has drawn the attention of this Court to the photographs available at page No. 12 of the typed set of documents and would submit that though the petitioner who claims to be an Ex-Counsellor and Ex-Vice Chairman, would state that Thazhai M. Karunanidhi Commercial Complex is not in a dilapidated condition and at least two shops are functioning and the present writ petition is filed only with an oblique motive for extraneous consideration and would further submit that there is no public interest involved and prays for dismissal of the same with exemplary cost.