Rajagopal v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.02.2026

CORAM

THE HON'BLE MR.MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE G.ARUL MURUGAN and WMP Nos.4649 to 4651 of 2026 1.

Rajagopal 2.

Subramani .. Petitioners -vs1.

The Commissioner, Greater Chennai Corporation, Ripon Buildings, Chennai 600 003.

2.

The Executive Engineer, Zone-9, Greater Chennai Corporation, Chennai.

3.

All India Sai Samaj (Regd.) Rep. By its Secretary/President, No.51, Alamelumangalapuram, Mylapore, Chennai 600 004.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari calling for the records relating to the

impugned notice No.Z.O.IX.C.No.10082/2025 dated 03.01.2026 issued by the Greater Chennai Corporation and quash the same. For Petitioners :

Mr.S.S.Sujith for M/s.K.Gowri For Respondents :

Mr.D.B.R.Prabhu Stdg. Counsel for RR 1 and 2 :

Mr.E.V.Chandru @ S.Chandrasekaran for R-3 * * * * *

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Prayer for extension of time to vacate the building pursuant to notice dated 03.01.2026 cannot be allowed for weighty reasons that notice has been issued after detailed orders passed by a Division Bench of this Court in C.M.P.No.10999 of 2023 in O.S.A.No.475 of 2002. Orders were passed by the Division Bench on various dates and having noticed that the building is in dilapidated condition and dangerous for human occupation, directed the building to be evacuated and necessary steps to be taken. The orders were passed keeping in view that there is risk of life to the residents of the building as it is likely to collapse any time.

2. The experts' report on the basis of which the orders were passed by this Court was dated 12.12.2025. More than two months have elapsed since the date of report. It is to be noted that the report was based on spot inspection carried out on 15.11.2025 and 06.12.2025. That means, the building was found to be in extremely dilapidated condition and dangerous for occupation almost three months before. The notice was given to the petitioners on 03.01.2026 and much time has elapsed. We are little surprised that the Corporation also has not taken any action despite notice given to the occupants.

3. Keeping in view the aforesaid aspects of the matter, particularly taking into consideration the structural report regarding dilapidated condition of the building stated to be dangerous for occupation and that if the occupants are not de-occupied, any untoward incident may happen in the event of collapse, the prayer cannot be allowed and the writ petition is dismissed.

4. The Corporation is directed to proceed expeditiously to deoccupy the building forthwith.

5. W.M.P.No.4649 of 2026 filed by the petitioners seeking permission to join and file a single writ petition stands allowed, inasmuch as separate court fee has been paid. There shall be no order as to costs. Consequently, the other interim applications stand closed.

(MANINDRA MOHAN SHRIVASTAVA, CJ.) (G.ARUL MURUGAN, J.) 18.02.2026 Index : Yes/No : Yes/No sra

To 1.

The Commissioner, Greater Chennai Corporation, Ripon Buildings, Chennai 600 003.

2.

The Executive Engineer, Zone-9, Greater Chennai Corporation, Chennai.

THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN, J.

(sra) 18.02.2026