Occupant challenged a Chennai Corporation demolition notice issued without prior notice at the owners' request. With parallel rent control proceedings and a civil suit pending before other courts, the High Court disposed of the writ petition as superfluous, leaving parties free to raise all issues there.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.12.2024
CORAM
THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN
W.P.No.20929 of 2018
and W.M.P.Nos.24571 & 24572 of 2018
M/s.Devadason & Sagar, A registered partnership firm Rep. by its Partner, P.N.George Graham, No.12, Sunkumrama Street, Chennai-600 001.
.. Petitioner
Vs.
1.The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai-600 003.
2.Executive Engineer, Zone-5, (Royapuram), Greater Chennai Corporation, No.61, Basin Bridge Road, Chennai-600 021.
3.Assistant Engineer,(TANGEDO) No.301/181, Thambu (C) Street, George Town, Chennai-600 001.
4.Assistant Engineer, (CMWSSB) Depot-60, No.302/182, Thambu(C) Street, George Town, Chennai-600 001.
5.M.Mohamed Ismail
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6.M.Sadiq Hussain
7.S.Kader Ibrahim
8.M.Ashik Ismail 9.T.Sidiq Rahman 10.Asgar Ali .. Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records relating to the proceedings of the 2nd respondent passed in Z.O.C.No.Dn.60/Spl-5/2018 dated 26.07.2018 and to quash the same.
For Petitioner .. Mr.Thomas J Jacob For R1 & R2 .. Mr.V.C.Selvasekaran, Standing Counsel For R3 .. Mr.L.Jai Venkatesh, Standing Counsel For R4 .. Mr.N.Srinivasan For R7 .. Mr.A.Palaniappan For R5, R6 & R8 to R10 .. Mr.K.Venkateswaran
ORDER
This Writ Petition has been filed in the nature of Certiorari calling for the records to the proceedings of the 2nd respondent, Executive Engineer, Zone-5, (Royapuram), Greater Chennai Corporation, Chennai, in Z.O.C.No.Dn.60/Spl-5/2018 dated 26.07.2018 and to quash the same.
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2.The petitioner is the occupant of the premises at No.12, Sunkurama
Street, Chennai – 600 001. It is the contention of the 5th to 10th respondents, who are owners of the said building, that the premises is in extremely dilapidated condition and therefore, they had approached the 1st to 4th respondents to demolish the said building. Contending that prior notice had not been issued to the petitioner, the Writ Petition has been filed.
predecessor.
4.In the meanwhile, the parties had moved to further forums.
5.The 5th to 10th respondents had filed RLTOP No.289 of 2024 which
is pending before the XIII Small Causes Court, Chennai. There is yet another rent control proceedings in RCOP.No.241 of 2015 pending before the XIV Small Causes Court, Chennai, which had been filed seeking restoration of amenities. Independently, the petitioner has also filed C.S.No.10 of 2015 which has now been transferred to the City Civil Court, Chennai, in O.S.No.7276 of 2022 and is pending before the XVIII
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Additional City Civil Court, Chennai.
6.It is contended by the learned Senior Counsel on behalf of the petitioner that the suit had been decreed. The learned counsel who appears for the 5th to 10th respondents may examine that particular issue.
7.The lis among the parties have now shifted over to the XIII and XIV Small Causes Court, Chennai and if a petition is filed before the XVIII Additional City Civil Court, Chennai, before that Court. Both the parties are at liberty to raise all issues which are triable under the jurisdiction of those Courts, before such Court. This Writ Petition has become superfluous.
8.With the above observations, this Writ Petition stands disposed of. No costs. Consequently, connected Writ Miscellaneous Petitions are closed.
06.12.2024
Index:Yes/No Internet:Yes/No smv
To
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1.The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai-600 003.
2.Executive Engineer, Zone-5, (Royapuram), Greater Chennai Corporation, No.61, Basin Bridge Road, Chennai-600 021.
3.Assistant Engineer,(TANGEDO) No.301/181, Thambu (C) Street, George Town, Chennai-600 001.
4.Assistant Engineer, (CMWSSB) Depot-60, No.302/182, Thambu(C) Street, George Town, Chennai-600 001.
C.V.KARTHIKEYAN, J.
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smv
W.P.No.20929 of 2018
06.12.2024
1 issue framed by the court
Should the Corporation's demolition order passed without prior notice to the petitioner-occupant be quashed?
1 provisions across 1 enactments
M/s.Devadason & Sagar, Rep. by its Partner, P.N.George Graham
The Commissioner, Greater Chennai Corporation
Executive Engineer, Zone-5 (Royapuram), Greater Chennai Corporation
Assistant Engineer (TANGEDO)
Assistant Engineer (CMWSSB)
M.Mohamed Ismail
C.V.Karthikeyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
