Shroff Ahmed v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.08.2024
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN W.P. No.24665 of 2024 Shroff Ahmed ... Petitioner Vs.
1. The District Collector, Chennai District, Rajaji Salai, George Town, Chennai-600 001.
2. The Commissioner of Police, Greater Chennai, Vepery,Chennai-600 007.
3. The Zonal Officer, Zone 8, Anna Nagar Zone, Shenoy Nagar, Chennai-600 030.
4. The Inspector of Police, V-5, Thirumangalam Police Station, Anna Nagar West, Chennai-600 101.
5. Pechiappan ... Respondents PRAYER : Writ Petition is filed under Article 226 of Constitution of India, for the issuance of Writ of Mandamus, directing the 2nd and 4th respondents based on proceedings dated 26.06.2024 sent by the 1st respondent and to consider and dispose of the petitioner representation 1/4
dated 11.04.2024 within the stipulated time by this Hon'ble Court. For Petitioner : Mr.L.K.Charles Alexander For Respondents : Mr. S. Udaya Kumar, Government Advocate (Crl.Side) for R1 to R4
ORDER
The representation given by the petitioner to demolish the wall in front of the property of the petitioner herein and permit him to fix iron grill gate.
2. The present writ petition is filed to issue direction to the police and the District Collector to consider the representation.
3. The learned counsel appearing for the petitioner submits that there is a dispute between petitioner and the fifth respondent who claimed himself as the Secretary of the Flat Owner's Association. The compound wall put up in the Udhayam Colony building disturbs the petitioner from putting up a grill gate for the safety of his premises. However, the fifth respondent who claims himself as the Secretary of the Association prevents him from putting up compound wall.
4. This Court finds that the representation and the relief sought, is 2/4
purely civil in nature. Hence, the police cannot interfere in this matter. A compound wall is not only meant for the petitioner, but all the other tenements in the flats. Therefore, if at all he needs any relief, it can be resorted only through civil proceedings.
5. With the above observation, this writ petition is dismissed. No order as to costs.
27.08.2024 Vv To
1. The District Collector, Chennai District, Rajaji Salai, George Town, Chennai-600 001.
2. The Commissioner of Police, Greater Chennai, Vepery,Chennai-600 007.
3. The Zonal Officer, Zone 8, Anna Nagar Zone, Shenoy Nagar, Chennai-600 030.
4. The Inspector of Police, V-5, Thirumangalam Police Station, Anna Nagar West, Chennai-600 101.
Dr.G.JAYACHANDRAN,J.
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Vv W.P.No.24665 of 2024 27.08.2024 4/4