S.Shazamani Vs The Commissione of Police — Writ and Judicial Review | Madras HC (2025)

S.Shazamani Vs The Commissione of Police — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of: mandamus sought against respondents 1 to 3 refused (no police action in the member–association dispute, save for genuine law and order problems); liberty given to both parties to approach the appropriate forum; water supply to the petitioner's premises protected from disconnection without due course of law until orders are passed by the appropriate forum; no order as to costs.

Issue for consideration

Whether, in a dispute between a flat owners' welfare association and its member over maintenance dues and disconnection of water supply, the respondent-police can be directed by writ of mandamus to consider the petitioner's representation dated 10.04.2025 and take criminal action against the association. +1 more

Court's answer

Reaffirming its interim order dated 22.10.2025, the Court held that the dispute is between the fourth respondent association and its own member, that therefore there can be no police investigation, and that a direction to the respondent-police to take action against the association cannot be granted in a writ petition.

Ratio / Principle

While the police cannot be directed to interfere in the member–association dispute, they remain entitled to interfere in the event of any law and order problem.

Key takeaways

The writ petition stands disposed of with liberty to both parties to approach the appropriate forum for redressal of their grievances.ratio¶45
Until orders are passed by the appropriate forum, the water supply to the petitioner's premises shall not be disconnected without following the due course of law.ratio¶46

Detailed headnote1 paragraphs

Madras High Court (A.D. Jagadish Chandira, J.) — WP Crl. No. 400 of 2025, Dr. S. Shazamani v. The Commissioner of Police, Anna Nagar and others (decided 25.11.2025). A flat owner filed a writ petition (criminal) under Article 226 seeking a mandamus directing the police (respondents 1–3) to act on her representation dated 10.04.2025 and take criminal action against the Chitra Avenue Flat Owners Welfare Association (respondent 4) for disconnecting the water supply to her flat during a maintenance dispute — maintenance having been raised from Rs.2,500/- to Rs.9,000/- per month on the association's contention that the flat was being used as a hostel for nurses. On 22.10.2025 the Court had already opined that the writ appeared designed to give a criminal colour to a civil dispute, and had secured compliance: deposit of 50% arrears (Rs.90,000/-) and restoration of the water connection. At the final hearing the Court reaffirmed that a dispute between an association and its member admits of no police investigation and that no writ direction for police action against the association can issue; police may step in only upon a genuine law and order problem. The petition was disposed of with liberty to both sides to approach the appropriate forum; until such orders, the petitioner's water supply shall not be disconnected without due course of law. No costs.

WP Crl. No. 400 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.11.2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA

WP Crl. No. 400 of 2025

Dr.S.Shazamani W/o.Dr.Mustaq Ahamed, No.33/34, Selva Vinayagar Koil Street, Razack Garden, Arumbakkam, Chennai-600 106.

Petitioner

Vs

The Commissioner of Police Anna Nagar, Chennai-600 094.

2.Deputy Commissioner of Police Anna Nagar, Chennai-600 094.

3.The Inspector of Police F-5, Choolaimedu Police Station, Chennai-600 094.

4.Chitra Avenue Flat Owners Welfare Association Rep by its President and Secretary, Jayam Block, Ground Floor, Chitra Avenue 9, Sowrastra Nagar, 1st Street, Choolaimedu, Chennai-600 094

Respondents

PRAYER: Writ Petition (Criminal) filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 1^st to 3^rd respondents to consider petitioner's representation dated 10.04.2025 and to take appropriate criminal action against the 4^th respondent for having illegally disconnected petitioner water supply in petitioner's Flat situated at No.105, 1^st Floor, Chitra Avenue, Manikanda Block, Sowrastra Nagar 1^st Street, Choolaimedu, Chennai-600 094.

https://www.mhc.tn.gov.in/judis

WP Crl. No. 400 of 2025

For Petitioner(s): Mr.S. Haja Mohideen Gisthi For Respondent(s): Mr.K.M.D.Muhilan Additional Public Prosecutor for R1 to R3 Mr.Y.Kaja Navas for R4

ORDER

This writ petition (criminal) has been filed seeking a writ of mandamus

directing the respondents 1 to 3 to consider the petitioner’s representation dated 10.04.2025 and to take appropriate criminal action against the fourth respondent association for having illegally disconnected the petitioner water supply in the petitioner’s flat situate at No.105, I Floor, Chitra Avenue, Manikanda Block, Sowrashtra Nagar I Street, Choolaimedu, Chennai 600 094.

2. On 22.10.2025, this Court passed the following order:

This Writ Petition (Criminal) has been filed to direct the 1^st to 3^rd respondents to consider the petitioner's representation dated 10.04.2025 and to take appropriate criminal action against the 4^th respondent for having illegally disconnected the water supply in the petitioner's Flat situated at No.105, 1^st Floor, Chitra Avenue, Manikanda Block, Sowrastra Nagar first Street, Choolaimedu, Chennai-600 094.

2. From the very writ petition filed before this Court, this Court is of the view that only in order to give a criminal colour to the civil dispute, this Writ Petition has been filed.

3. It is the contention of the petitioner that she was paying maintenance at the rate of Rs.2,500/- per month like other flat owners and while being so, she received a communication from the Association asking her to pay a sum of Rs.9,000/- per month.

https://www.mhc.tn.gov.in/judis

WP Crl. No. 400 of 2025

4. It is the contention of the private respondent/4^th respondent that the maintenance amount was increased by the Association from Rs.2,500/- to Rs.9,000/- since the petitioner has been using the premises as Hostel to accommodate the Nurses who are working in her hospital.

5. It is seen that the dispute is between the Association and its member. Therefore, there cannot be any police investigation. However, to show her bonafide, let the petitioner deposit 50% of the total arrears of maintenance amount i.e. Rs.90,000/- (at the rate of Rs.9,000/- per month) without prejudice to her rights and contention, to the credit of the 4^th respondent herein, within a period of two weeks from today. Thereafter, the matter will be heard and disposed of on merits.

6. On such deposit being made by the petitioner, the 4^th respondent shall restore the watter connection of the petitioner immediately.

7. Post the matter on 24.11.2025 for reporting compliance and for further orders.

Pursuant thereto, this matter is listed today under the caption ‘FOR REPORTING COMPLIANCE AND FOR FURTHER ORDERS’.

Learned counsel for the petitioner submitted that the direction

issued by this Court on 22.10.2025 has been complied with. He further submitted that the maintenance amount has been raised to Rs.9,000/- without issuing any notice to the petitioner and the petitioner has paid Rs.40,000/- more

than the amount which she is liable to pay.

https://www.mhc.tn.gov.in/judis

WP Crl. No. 400 of 2025

Mr. Kaja Navas, learned counsel for the fourth respondent association, submitted that water connection has been restored to the petitioner’s premises; the petitioner has paid 50% of the maintenance amount and still, there is arrears of Rs.98,000/- and hence, the petitioner may be directed to settle the arrears.

Heard the learned counsel for the petitioner, the learned Additional Public Prosecutor for the respondents 1 to 3 and the learned counsel for the fourth respondent association.

As already observed by this Court on 22.10.2025, the dispute in this case is between the fourth respondent association and the petitioner who is a member of the fourth respondent association and hence, there cannot be any police investigation and a direction to the respondent-police to take action against the fourth respondent association cannot be granted in a writ petition.

In view of the above, the respondent-police cannot be directed to interfere in the dispute between the petitioner and the fourth respondent association. However, in the event of any law and order problem, the respondent police are entitled to interfere.

https://www.mhc.tn.gov.in/judis

WP Crl. No. 400 of 2025

This writ petition stands disposed of with liberty to the parties to

approach the appropriate forum seeking redressal of their grievances. It is made clear that till orders are passed by the appropriate forum, water supply in respect

of the petitioner’s premises shall not be disconnected without following the due

course of law. There shall be no order as to costs.

25.11.2025

vum

Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No

To

1.The Commissioner of Police Anna Nagar, Chennai-600 094

2.Deputy Commissioner of Police Anna Nagar, Chennai-600 094

3.The Inspector of Police F-5, Choolaimedu Police station, Chennai-600 094.

4.The Public Prosecutor, Madras High Court, Chennai.

https://www.mhc.tn.gov.in/judis

WP Crl. No. 400 of 2025

A.D.JAGADISH CHANDIRA,J.

vum

WP Crl. No. 400 of 2025

25.11.2025

https://www.mhc.tn.gov.in/judis