S.Karthik v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.12.2025 CORAM :

THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN 1.S.Karthik No.1/10 Marwadi Thottam, Dr.Subbarayan Salai, Mylapore, Chennai-600 004 2.E.Sathish Kumar 1/10, Marwadi Thottam, Dr.Subbarayan Salai, Mylapore, Chennai-600 004 3.S.Suresh 1/10, Marwadi Thottam, Dr.Subbarayan Salai, Mylapore, Chennai-600 004 4.C.Nadarajan 1/10, Marwadi Thottam, Dr.Subbarayan Salai, Mylapore, Chennai-600 004 5.P.Manikandan 1/10. Marwadi Thottam, Dr.Subbarayan Salai, Mylapore, Chennai-600 004 Petitioners

Vs 1.The Commissioner Of Police Greater Corporation of Chennai, Chennai-600 003 2.The Executive Engineer Zone-9, Greater Chennai Corporation, No.4, Lake View 4th Cross St., Nungambakkam, Chennai-34 3.K.Ganesan S/o.Late.Krishnamurthy, No.9, Dr.Subbarayan Salai, Mylapore, Chennai-600 004 Respondents PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorari calling for the entire records culminated in the impugned Final order in Letter ref.Z.O.IX.C.No.E/3/8319-1/2025 dated as 29.10.2025 issued by the 2nd respondent and quash the same.

For Petitioners:

Mr.V.Vasanthakumar for Mr.G.Mayakrishnan For Respondents:

Mr.D.B.R.Prabhu Standing Counsel for respondent Nos.1 and 2

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Heard learned counsel for the parties.

2. Challenge to the impugned order is based essentially on certain disputed questions with regard to measurement and a finding of fact arrived at by the authorities that it is a case of encroachment. These disputed questions of fact cannot be gone into in writ proceedings. The petitioners may avail ordinary civil remedy, as may be available to them.

3. With the aforesaid liberty, the writ petition is disposed of. There shall be no order as to costs. W.M.P.No.54588 of 2025 filed to permit the petitioners to file a single writ petition is ordered, subject to payment of separate court-fee within two weeks. W.M.P.No.54589 of 2025 is closed.

(MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J) 18.12.2025 Index :

Yes/No :

Yes/No bbr

To:

1.The Commissioner Of Police Greater Corporation of Chennai, Chennai-600 003 2.The Executive Engineer Zone-9, Greater Chennai Corporation, No.4, Lake View 4th Cross St., Nungambakkam, Chennai-34

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

bbr 18.12.2025