Lalit Kumar R.Shah v. Chennai Metro Rail Limited

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-12-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR and WMP No.53936 of 2025 Lalit Kumar R.Shah Petitioner(s) Vs

1. Chennai Metro Rail Limited Rep. By Authorised Representative, No.327, Anna Salai, Nandanam, Chennai600 035. 2.Tata Projects Limited, Rep. By Authorised Representative One Boulevared Street, Lake Boulevard Road, Powai, Mumbai-400 076.

3.Tamil Nadu Electricity Board, NPKRR Maaligai, 144, Annasalai, Chennai-600 002.

4.Tamil Nadu Fire And Rescue Services, No.17, Rukmani Lakshmipathy Road, Egmore, Chennai-600 008

5.The Assistant Commissioner of Police, Kilpauk Range, G3 Police Station, SH 114, Sastri Nagar, Chetpet, Chennai600 031. Respondent(s) PRAYER This writ petition filed under Article 226 of the Constitution of India to issue a writ of mandamus a)directing respondents 1 and 2 to forthwith suspend all high-vibration and heavy-machinery construction activities in the vicinity of the transformer situated at the entrance of the petitioner's premises at Adite Kunje Apartment, old No.29, New No.

20, Balfour Road, Kilpauk, Chennai, and directing respondents 3, 4 and 5 to conduct a joint safety inspection of the said transformer, its supporting pillars and the adjoining construction area, and to take such preventive and remedial measures as may be necessary, including repair, reinforcement stabilisation or temporary relocation, and to certify the structure safe prior to permitting the resumption of any such construction activity (b) directing the respondents 1 and 2 to keep the southern entrance (i.e. blocked entrance) of the petitioner's premises at Adite Kunje Apartment, old No.229, new no.20, Balfour road, Kilpauk, Chennai fully open and unobstructed at all times so as to ensure an accessible and safe evacuation route for residents and workmen in the case of any emergency.

For Petitioner(s):

Mr. Samir S.Shah for Shah And Shah

For Respondents:

Mr. B. Vijay, Standing Counsel, for R1 Mr. P.J.Sri Ganesh, for R2 Mr. L.Jaivenkatesh, Standing Counsel, for R3 Mr. S.Rajesh, Govt. Advocate, for R4 Mr.L.Baskaran, Govt. Adv.(Crl.side), for R5

ORDER

This writ petition has been filed seeking directions to the respondents 1 and 2 to suspend all high-vibration and heavy-machinery construction activities in the vicinity of the transformer situated at the entrance of the petitioner's premises and to direct the respondents 3 to 5 to conduct a joint safety inspection of the said transformer, its supporting pillars and the adjoining construction area and to take such preventive and remedial measures as may be necessary. He further seeks a direction to certify the structure as safe prior to permitting the resumption of any such construction activity and also a direction to the

respondents 1 and 2 to keep the southern entrance of the petitioner's premises fully open and unobstructed at all times.

2. It is the contention of the petitioner that due to the Metro tunnelling work, the transformer located at the entrance of the petitioner's residential premises has been constantly affected, and may fall at any time due to the heavy vibration and intensive machinery used by the Metro. According to him, one of the gates was also closed, and in the event of the transformer falling, the petitioner may not be able to come out of the apartment. Hence, he seeks appropriate direction.

3. The learned counsel for the petitioner placed reliance on the photographs at page 44 to show that the transformer foundation has developed cracks and may fall at any time.

4. The learned appearing for the respondents 1 and 2 produced the photographs to show that the transformer has already been strengthened by

providing additional foundation. They also submitted that a contract has been entered into between all the flat owners and the Metro Rail authorities for the use of the space and that the tunnelling work is being carried out after taking all precautionary measures .

5. I have considered the matter in the light of the submissions made by the learned counsel on both sides and perused the materials available on records carefully.

6. Considering all the said aspects, it appears that there is already a contract entered into between the flat owners and the Metro Rail authorities, and the work is in progress. The new photographs dated 09.09.2025 placed before this Court also indicates that sufficient strengthening has been provided to the existing transformer.

7. In view of the above, let the work be completed expeditiously by adopting all safety measures, without causing any further damage to the nearby

structures or the transformer. The respondents shall also ensure that proper strengthening is done periodically to the existing transformer, considering the nature of the work.

8. With the above observations and directions, this writ petition is disposed of. No costs. Consequently connected miscellaneous petition is closed. 10-12-2025 Speaking/Non-speaking order mrp To 1.Chennai Metro Rail Limited Rep. By Authorised Representative, No.327, Anna Salai, Nandanam, Chennai600 035. 2.Tata Projects Limited, Rep. By Authorised Representative One Boulevared Street, Lake Boulevard Road, Powai, Mumbai-400 076.

3.Tamil Nadu Electricity Board, Npkrr Maaligai, 144, Annasalai, Chennai-600 002.

4.Tamil Nadu Fire And Rescue Services, No.17, Rukmani Lakshmipathy Road, Egmore, Chennai-600 008 5.The Assistant Commissioenr Of Police, Kilpauk Range, G3 Police Station, Sh 114, Sastri Nagar, Chetpet, Chennai600 031.

6. The Public Prosecutor, High Court of Madras, Chennai.

N.SATHISH KUMAR J.

mrp 10-12-2025