V.Rajkumar v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.07.2025
CORAM:
THE HON'BLE MRS.JUSTICE N.MALA V. Rajkumar ...
Petitioner
Versus
1. The Commissioner, Greater Chennai Corporation, Chennai.
2. The Executive Engineer, The Greater Chennai Corporation, No.1, Thattankulam Street, Bazaar Road, Madhavaram, Chennai 600 060.
3. The Deputy Commissioner of Police, O/o. Deputy Commissioner of Police, Kolathur Range, Chennai.
4. The Inspector of Police, M-1, Madhavaram Police Station, Chennai.
...
Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Mandamus, directing the 1st and 2nd respondents to 1/7
given appropriate technical assistance and further direct the 3rd and 4th respondent to given the suitable protection in order to demolish the building situated at Door No.202A, Survey No.T.S.No.119, V.O.C. 1st Street, Ponniammanmedu, Madhavaram, Chennai in pursuant to the petitioner representation dated 10.12.2024.
For Petitioner :
Mr.P.Muthamizhselvakumar For Respondents :
Mr.S.Gopinathan Standing Counsel for R1 & R2 Mr.R.Kishore Kumar Government Advocate (Crl. Side) for R3 & R4
ORDER
The present Writ Petition is filed for issuance of a Writ of Mandamus to direct the 1st and 2nd respondents to given appropriate technical assistance and further direct the 3rd and 4th respondent to given the suitable protection in order to demolish the building situated at Door No.202A, Survey No.T.S.No.119, V.O.C. 1st Street, Ponniammanmedu, Madhavaram, Chennai in pursuant to the petitioner representation dated 10.12.2024.
2. Mr. S. Gopinathan, learned Standing Counsel, takes notice on behalf of the respondents 1 & 2. Mr.R.Kishore Kumar, learned 2/7
Government Advocate (Crl. Side), takes notice on behalf of the respondents 3 & 4.
3. By consent of the parties, this writ petition is taken up for final disposal at the admission stage itself.
4. The case of the petitioner is that the petitioner had purchased the aforesaid property from one Amit Jain in the year 2023. Subsequent to the purchase of the aforesaid property, the petitioner had taken all steps to remove the tenants from the said premises, since the building in the aforesaid property was in a dilapidated condition. Therefore, the petitioner approached the authorities concerned by way of representation seeking demolition of the said premises. On the other hand, the inhabitants who are occupants of the premises claimed amounts for vacating the said premises. In this regard, the petitioner also lodged a compliant before the Inspector of Police Madhavaram, 4th respondent herein, which was registered as C.S.R. No.292 of 2024 and the said complaint was evoked no response from the Police Authority. In the meantime, the petitioner made a representation to the respondents on 10.12.2024, seeking for appropriate technical assistance and suitable 3/7
police protection for demolishing the building in the aforesaid premise. Since the said representation was not considered by the respondents, the petitioner had filed the present Writ Petition.
5. The learned counsel for the petitioner would submit that, it would be suffice, if this Court issues a direction to the respondents to consider the petitioner's representations dated 10.12.2024 by fixing the date and time to demolish the building in the aforesaid premise and pass orders on the same within a particular time frame fixed by this Court.
6. Mr.S.Gopinathan, learned Standing Counsel appearing for the respondents 1 & 2 would submit that, already permission to demolish the building was given by the Corporation on 12.11.2024 vide Proceedings W.D.C.No.DA/WDCN03/01013/2024.
7. Mr.R.Kishore Kumar, learned Government Advocate appearing for the respondents 3 & 4 submitted that if the petitioner submits a fresh representation to the fourth respondent, the same would be considered by the said respondent and adequate police protection would be given to demolish the building in the aforesaid property. 4/7
8. In view of the above submission made by the learned counsel on either side and without going to the merits of the representation, and taking note of the limited relief sought for in this Writ Petition, this Court passes the following orders/directions:
(i) The petitioner is directed to give fresh representation to the 4th respondent, seeking adequate police protection, within a period of one
(1) week from the date of receipt of a copy of this order. (ii) Upon receipt of such representation submitted by the petitioner, the 4th respondent is directed to give adequate police protection to carry out the demolition of the subject property without disturbing the neighbours and any persons.
9. With the above observation and direction, this Writ Petition is disposed of. No costs.
09.07.2025 Index:Yes/No Speaking order:Yes/No jd/smn 5/7
To
1. The Commissioner, Greater Chennai Corporation, Chennai.
2. The Executive Engineer, The Greater Chennai Corporation, No.1, Thattankulam Street, Bazaar Road, Madhavaram, Chennai 600 060.
3. The Deputy Commissioner of Police, O/o. Deputy Commissioner of Police, Kolathur Range, Chennai.
4. The Inspector of Police, M-1, Madhavaram Police Station, Chennai.
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N.MALA, J.
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