M/S. Atluri Commercial Company Private Limited, v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-05-2026

CORAM

THE HON'BLE MR JUSTICE G. R. SWAMINATHAN & WMP NO. 22056 OF 2026

1. M/s. Atluri Commercial Company Private Limited, a company incorporated under the provisions of the Companies Act, represented herein by its Authorised Signatory, Mr. M.R. Lakshminarayanan, having its Corporate Office at Neeladri, 3rd Floor, No.9, Cenotaph Road, Alwarpet, Chennai - 600 018.

2. M/s. Imcola Exports Limited, a company incorporated under the provisions of the Companies Act, represented herein by its Authorised Signatory,Mr. M.R. Lakshminarayanan, having its registered office at 232/A, Acharya Jagadish Chandra Bose Road, Kolkata - 700 020.

3. M/s. JRE Tank Terminals Private Limited, a company incorporated under the provisions of the Companies Act, represented herein by its Authorised Signatory,Mr. M.R. Lakshminarayanan having its registered office at 232/A, Acharya Jagadish Chandra Bose Road, Kolkata - 700 020.

4. M/s. AVR Storage Tank Terminals Private Limited, a company incorporated under the provisions of the Companies Act, represented herein by its Authorised Signatory,Mr. M.R. Lakshminarayanan, Having its registered office at 232/A, Acharya Jagadish Chandra Bose Road,

Kolkata - 700 020.

5. M/s. Dighi Oil Storage Private Limited, a company incorporated under the provisions of the Companies Act, represented herein by its Authorised Signatory,Mr. M.R. Lakshminarayanan, Having its registered office at 10, Sarvodaya Industrial Premises Co. Op.

Society Ltd., Off. Mahakali Caves Road, Near Paper Box Factory, Andheri (East), Mumbai - 400 093.

6. M/s. Imcola Crane Company Private Limited, a company incorporated under the provisions of the Companies Act, represented herein by its Authorised Signatory Mr. M.R. Lakshminarayanan, Having its registered office at Neeladri, 3rd Floor, No. 9, Cenotaph Road, Alwarpet, Chennai - 600 018.

7. M/s. AVR Transporters and Exporters Private Limited, a company incorporated under the provisions of the Companies Act, represented herein by its Authorised Signatory,Mr. M.R. Lakshminarayanan, Having its registered office at Sarvodaya Industrial Premises Co. Op. Society Ltd., Off. Mahakali Caves Road, Near Paper Box Factory, Andheri (East), Mumbai - 400 093.

8. M/s. Ahirbhairav Traders Private Limited, a company incorporated under the provisions of the Companies Act, represented herein by its Authorised Signatory,Mr. M.R. Lakshminarayanan, Having its registered office at C/o V R Momaya and Co Army and Navy Building, 3rd Floor, 148, M G Road, Mumbai - 400 023.

9. M/s. Atluri Traders Private Limited, a company incorporated under the provisions of the Companies Act,

represented herein by its Authorised Signatory,Mr. M.R. Lakshminarayanan, Having its registered office at 10, Sarvodaya Industrial Premises Co. Op.

Society Ltd., Off. Mahakali Caves Road, Near Paper Box Factory, Andheri (East), Mumbai - 400 093.

10.M/s. Chippendale Exports Private Limited, a company incorporated under the provisions of the Companies Act, represented herein by its Authorised Signatory,Mr. M.R. Lakshminarayanan Having its registered office at 30, Homi Modi Street, Mumbai- 400 023.

11.M/s. Conrad Jung (India) Private Limited, a company incorporated under the provisions of the Companies Act, represented herein by its Authorised Signatory,Mr. M.R. Lakshminarayanan, Having its registered office at Flat No. 19 and 20, 8th Floor, Gopal Dass Bhawan, 28, Barakhamba Road, Connaught Place, Central Delhi, New Delhi - 110 001.

..Petitioners Vs

1. The Commissioner Greater Chennai Corporation, Ripon Building, Chennai - 600 003.

2. The Regional Deputy Commissioner (South), Greater Chennai Corporation, Zone XIII, Adyar, Chennai - 600 020.

3. The Zonal Officer / Executive Engineer, Zone XIII, Greater Chennai Corporation, No.115, Dr. Muthulakshmi Salai, Adyar, Chennai - 600 020.

4. The Chief Engineer Public Works Department (PWD),

Kamarajar Salai, Chepauk, Chennai - 600 005.

5. Mr. D. Kumar Owners of Flat no. 21 of VJ. Flats No.44, Thaiyur Market Road, Kelambakkam, Chengalpattu Dist. - 603 103

6. Mrs. Rita Kumar, Owners of Flat no. 21 of VJ. Flats No.44 Thaiyur Market Road, Kelambakkam, Chengalpattu Dist. - 603 103

7. Mrs. Devanshi Garg, Owner of Flat No. 34 of VJ Flats, 4th Floor, Mathru Krupa Apartments, New No.207 / Old No.47, St. Marys Road, Alwarpet, Chennai - 600 018.

8. Mr. J. Mohan Babu Owners of Flat No. 13 of VJ Flats, No.59, 5th Cross Street, Indira Nagar, Adyar, Chennai - 600 020.

9. Sowjanya Mohan Babu, Owners of Flat No. 13 of VJ Flats, No.59, 5th Cross Street, Indira Nagar, Adyar, Chennai - 600 020.

10.Mrs. Manju, Owner of Flat No. 31 of VJ Flats, No.37, Santhome High Road, Mylapore, Chennai - 600 004.

11.Mrs. G. Kalaivani W/o. D. Gubendragunabalan, Ramaniyam Ocean Dew- 1E, Ganesh Avenue, Pallikarnai, Chennai- 600 100 ..Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus to direct Respondent Nos. 1 to 3 to pass appropriate orders for demolition of the dangerous and dilapidated building known as VJ Flats, situated at Door No.6/11, Plot No.12A, First Crescent Park Road, Gandhi Nagar, Adyar, Chennai - 600 020, comprised in T.S. No.44,

Block No.34, Kottur Village, Guindy Taluk, Chennai District, by exercising powers under Section 136 of the Tamil Nadu Urban Local Bodies Act, 1998 in light of the Petitioners representations dated 23.03.2026 and 01.04.2026, as well as the Petitioners online application in W.D.C. No. T.P. D.A/WDCN13/00401/2026 dated 13.04.2026, within a time frame to be fixed by this Court.

For Petitioners :

Mr. Sricharan Rangarajan, Sr. Advocate for Mr. K.Gowthamkumar For Respondents :

Mr. DBR Prabhu Standing Counsel for R1 to R3 Mr.K.Sathish Counsel for Govt. of Tamil Nadu for R4

ORDER

Heard the learned Senior counsel appearing for the writ petitioner and the learned Standing counsel appearing for Chennai Corporation.

2. The Chennai Corporation had issued notice as early as on 02.11.2020 under section 258 of the Chennai City Municipal Corporation Act, 1919 to take down the petition mentioned building. The petition mentioned building is in a dilapidated condition. Even though a notice was issued way back in 2020, no subsequent steps were taken down either by the noticees or by the

authorities. A reminder was issued on 30.10.2025 which reads as follows: 'This is to remind you that a demolition notice was issued to you by Greater Chennai Corporation on 02.11.2020 concerning the unsafe and dilapidated condition of the building located at VJ Flats, Door No.6/11 Gandhi Nagar 1st Crescent Park Road, Adyar, Chennai-20. Despite the lapse of almost five years since the issuance of the notice, no action has been taken to demolish or repair the said structure.

In view of the above, this is a final reminder to take immediate action in compliance with the earlier demolition order. In the event of any accident, injury, or damage caused by the unsafe condition of the building, Greater Chennai Corporation will not be held responsible. The entire liability shall rest with the property owner.'

3. The building in question comprised as many as 34 apartments. The writ petitioners have purchased 30 flats out of 34 individual units. It is stated that in the petition mentioned building, at present, there are no occupants and all of them have been vacated. The petitioners have given a representation to the authorities for enforcing their own earlier communication. Since the said request has not been complied with, the present writ petition is filed.

4. I am more than satisfied that no exception can be taken to the writ petitioners' request. Admittedly, the building is in a dangerous and dilapidated condition. Therefore, it is the duty of the local body to ensure such buildings are demolished. That's why specific provisions have been incorporated in the

Statutes pertaining to administration of local bodies. If the dilapidated building is not taken down, it will pose danger to the passers-by. There are instances when on account of which, passers-by have also died. I therefore, direct the 3rd respondent to forthwith demolish and take down the petition mentioned building.

5. The Writ Petition is allowed. No costs.

27-05-2026 Index: Yes/No Speaking/Non-speaking order msr To

1. The Commissioner Greater Chennai Corporation, Ripon Building, Chennai - 600 003.

2. The Regional Deputy Commissioner (South), Greater Chennai Corporation, Zone XIII, Adyar, Chennai - 600 020.

3. The Zonal Officer / Executive Engineer, Zone XIII, Greater Chennai Corporation, No.115, Dr. Muthulakshmi Salai, Adyar, Chennai - 600 020.

4. The Chief Engineer Public Works Department (PWD), Kamarajar Salai, Chepauk, Chennai - 600 005.

G.R.SWAMINATHAN J.

msr & WMP NO. 22056 OF 2026 27-05-2026