G.Chithra v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-02-2026

CORAM

THE HON'BLE MR.JUSTICE V. LAKSHMINARAYANAN and WMP.No.4696 of 2026 G.Chithra ..Petitioner(s) Vs

1. The Commissioner, Chennai Corporation, Ripon Building, Chennai.

2. The Director Chennai Metropolitan Development Authority, Chennai.

3. The Chairman Chennai Metropolitan Water Supply and Sewerage Board, No.1, Pumping Station Road, Chintadripet, Chennai-02

4. The Inspector of Police Flower Bazaar Police Station Chennai.

5. Vikram (HUF) ..Respondent(s) Writ Petition filed under Article 226 of the Constitution of India, seeking Writ of Mandamus directing the 1st and 3rd respondents to dispose of the petitioner's representation dated 26.04.2025 respectively and take appropriate action against the 5th respondent and to fix the time frame for the respondents 1 to 4.

For Petitioner(s):

Ms.M.Ambika Soni, for M/s.Annamma K For Respondent(s):

Mr.S.Gopinath

ORDER

The petitioner seeks a Writ of Mandamus to direct the respondents 1 and 3 to consider her representation dated 26.04.2025.

2. The Writ Petition arises under the following circumstances: The property situated in Door No.63, Narayana Mudali Street, George Town, Madras, belonged to one Subbarathnammal. She had purchased the same in a Court auction sale in the year 1966. On her death, the property devolved on her son, Subbukrishna Chetty. The said Subbukrishna Chetty had one daughter named V.Kanakavalli. Kanakavalli succeeded to the estate and executed several sale deeds. One of the sale deeds was in favour of one M/s.Gatraj Jain and Sons HUF. The sale deed was executed on 19.09.2002. The petitioner claims that the said Kanakavalli also sold a portion of the property in favour of the petitioner's mother, one, G.P.Savithri. G.P.Savithri, in turn, executed sale deeds in favour of three persons, namely, Ganesh Babu, S.Ramani and S.Shanmukam. She also executed another sale deed in favour of M/s.Gatraj Jain and Sons HUF in document No.938 of 2006. The petitioner states that her father

G.Parthasarathy passed away on 22.06.2022, and her mother pre-deceased him on 02.08.2018. She states that her other sibling, Kavitha, passed away on 10.05.2009. She pleads that she has a share in the aforesaid property. Between one Janakiraman and the parents of the petitioner, a suit came to be presented in CS.No.784 of 2002. This suit has been transferred and renumbered as OS.No.189 of 2020 on the file of the VI Additional City Civil Court, Chennai. The petitioner claims that she appeared in the said suit, but the suit was decreed against her. Pleading that the fifth respondent has unauthorisedly demolished the property in which she has a share, she has come before this Court.

3. Heard Ms.M.Ambika Soni, for the petitioner and Mr.S.Gopinath, learned Standing Counsel for the Corporation.

4. Insofar as the dispute between the petitioner and the fifth respondent is concerned, this Court cannot go into it, as the relief can be granted only by the Civil Court. It is not for this Court to decide whether the petitioner or the fifth respondent are the owners of the subject property. Several suits have been mentioned in the representation. It is for the petitioner to work out her rights in those proceedings against the fifth respondent or any other person, who claims interest in the property.

5. Taking note of the averments in the affidavit that the fifth respondent has not secured permission to demolish the suit property, I called upon Mr.Gopinath, to report whether any permission had been granted to the fifth respondent to demolish the said property.

6. Mr.Gopinath reports that the Greater Chennai Corporation had granted permission to the fifth respondent to demolish and reconstruct the superstructure on 21.01.2025.

7. Since the demolition is under the authority of law, the direction sought by the petitioner cannot be granted. Consequently, the Writ Petition is dismissed with liberty to the petitioner to workout her remedy in the manner known to law. No costs. Consequently, connected miscellaneous petition is closed. 24-02-2026 Index: Yes/No Speaking/Non-speaking order PVS

To

1. The Commissioner Chennai Corporation, Ripon Building, Chennai.

2. The Director Chennai Metropolitan Development Authority, Chennai.

3. The Chairman Chennai Metropolitan Water Supply and Sewerage Board, No.1, Pumping Station Road, Chintadripet, Chennai-02

4. The Inspector of Police, Flower Bazaar Police Station, Chennai.

V.LAKSHMINARAYANAN, J.

PVS 24-02-2026