✦ High Court of India · 27 May 2026

High Court · 2026

Case Details High Court of India · 27 May 2026
Court
High Court of India
Decided
27 May 2026
Length
1,266 words

WP No. 20520 of 2026__________Page1 of 9IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 27-05-2026CORAMTHE HON'BLE MR JUSTICE G. R. SWAMINATHANWP No. 20520 of 2026&WMP NO. 22056 OF 20261.M/s. Atluri Commercial Company Private Limited,a company incorporated under the provisions of the Companies Act,represented herein by its Authorised Signatory, Mr. M.R. Lakshminarayanan,having its Corporate Office atNeeladri, 3rd Floor, No.9, Cenotaph Road,Alwarpet, Chennai - 600 018.2.M/s. Imcola Exports Limited,a company incorporated under the provisions of the Companies Act,represented herein by its Authorised Signatory,Mr. M.R. Lakshminarayanan,having its registered office at232/A, Acharya Jagadish Chandra Bose Road,Kolkata - 700 020.3.M/s. JRE Tank Terminals Private Limited,a company incorporated under the provisions of the Companies Act,represented herein by its Authorised Signatory,Mr. M.R. Lakshminarayananhaving its registered office at232/A, Acharya Jagadish Chandra Bose Road,Kolkata - 700 020.4.M/s. AVR Storage Tank Terminals Private Limited,a company incorporated under the provisions of the Companies Act,represented herein by its Authorised Signatory,Mr. M.R. Lakshminarayanan,Having its registered office at232/A, Acharya Jagadish Chandra Bose Road, https://www.mhc.tn.gov.in/judis WP No. 20520 of 2026__________Page2 of 9Kolkata - 700 020.5.M/s. Dighi Oil Storage Private Limited,a company incorporated under the provisions of the Companies Act,represented herein by its Authorised Signatory,Mr. M.R. Lakshminarayanan,Having its registered office at10, Sarvodaya Industrial Premises Co. Op. Society Ltd.,Off. Mahakali Caves Road, Near Paper Box Factory, Andheri (East), Mumbai - 400 093.6.M/s. Imcola Crane Company Private Limited,a company incorporated under the provisions of the Companies Act,represented herein by its Authorised Signatory Mr. M.R. Lakshminarayanan,Having its registered office atNeeladri, 3rd Floor, No. 9, Cenotaph Road,Alwarpet, Chennai - 600 018.7.M/s. AVR Transporters and Exporters Private Limited,a company incorporated under the provisions of the Companies Act,represented herein by its Authorised Signatory,Mr. M.R. Lakshminarayanan,Having its registered office atSarvodaya Industrial Premises Co. Op. Society Ltd.,Off. Mahakali Caves Road, Near Paper Box Factory,Andheri (East), Mumbai - 400 093.8.M/s. Ahirbhairav Traders Private Limited,a company incorporated under the provisions of the Companies Act,represented herein by its Authorised Signatory,Mr. M.R. Lakshminarayanan,Having its registered office atC/o V R Momaya and Co Army and Navy Building, 3rd Floor,148, M G Road, Mumbai - 400 023.9.M/s. Atluri Traders Private Limited,a company incorporated under the provisions of the Companies Act, https://www.mhc.tn.gov.in/judis WP No. 20520 of 2026__________Page3 of 9represented herein by its Authorised Signatory,Mr. M.R. Lakshminarayanan,Having its registered office at10, Sarvodaya Industrial Premises Co. Op. Society Ltd.,Off. Mahakali Caves Road, Near Paper Box Factory,Andheri (East), Mumbai - 400 093.10.M/s. Chippendale Exports Private Limited,a company incorporated under the provisions of the Companies Act,represented herein by its Authorised Signatory,Mr. M.R. LakshminarayananHaving its registered office at30, Homi Modi Street,Mumbai- 400 023.11.M/s. Conrad Jung (India) Private Limited,a company incorporated under the provisions of the Companies Act,represented herein by its Authorised Signatory,Mr. M.R. Lakshminarayanan,Having its registered office atFlat No. 19 and 20, 8th Floor, Gopal Dass Bhawan,28, Barakhamba Road, Connaught Place,Central Delhi, New Delhi - 110 001...PetitionersVs1.The CommissionerGreater Chennai Corporation,Ripon Building, Chennai - 600 003.2.The Regional Deputy Commissioner (South),Greater Chennai Corporation, Zone XIII,Adyar, Chennai - 600 020.3.The Zonal Officer / Executive Engineer,Zone XIII,Greater Chennai Corporation,No.115, Dr. Muthulakshmi Salai,Adyar, Chennai - 600 020.4.The Chief EngineerPublic Works Department (PWD), https://www.mhc.tn.gov.in/judis WP No. 20520 of 2026__________Page4 of 9Kamarajar Salai, Chepauk,Chennai - 600 005.5.Mr. D. KumarOwners of Flat no. 21 of VJ. FlatsNo.44, Thaiyur Market Road,Kelambakkam,Chengalpattu Dist. - 603 1036.Mrs. Rita Kumar,Owners of Flat no. 21 of VJ. FlatsNo.44 Thaiyur Market Road,Kelambakkam,Chengalpattu Dist. - 603 1037.Mrs. Devanshi Garg,Owner of Flat No. 34 of VJ Flats,4th Floor, Mathru Krupa Apartments,New No.207 / Old No.47, St. Marys Road,Alwarpet, Chennai - 600 018.8.Mr. J. Mohan BabuOwners of Flat No. 13 of VJ Flats,No.59, 5th Cross Street,Indira Nagar, Adyar, Chennai - 600 020.9.Sowjanya Mohan Babu,Owners of Flat No. 13 of VJ Flats,No.59, 5th Cross Street,Indira Nagar, Adyar, Chennai - 600 020.10.Mrs. Manju,Owner of Flat No. 31 of VJ Flats,No.37, Santhome High Road,Mylapore, Chennai - 600 004.11.Mrs. G. KalaivaniW/o. D. Gubendragunabalan,Ramaniyam Ocean Dew- 1E, Ganesh Avenue,Pallikarnai, Chennai- 600 100..RespondentsWrit Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus to direct Respondent Nos. 1 to 3 to pass appropriate orders for demolition of the dangerous and dilapidated building known as VJ Flats, situated at Door No.6/11, Plot No.12A, First Crescent Park Road, Gandhi Nagar, Adyar, Chennai - 600 020, comprised in T.S. No.44, https://www.mhc.tn.gov.in/judis WP No. 20520 of 2026__________Page5 of 9Block No.34, Kottur Village, Guindy Taluk, Chennai District, by exercising powers under Section 136 of the Tamil Nadu Urban Local Bodies Act, 1998 in light of the Petitioners representations dated 23.03.2026 and 01.04.2026, as well as the Petitioners online application in W.D.C. No. T.P. D.A/WDCN13/00401/2026 dated 13.04.2026, within a time frame to be fixed by this Court.For Petitioners :Mr. Sricharan Rangarajan,Sr. Advocate forMr. K.GowthamkumarFor Respondents :Mr. DBR PrabhuStanding Counsel for R1 to R3Mr.K.SathishCounsel for Govt. of Tamil Nadufor R4ORDER Heard the learned Senior counsel appearing for the writ petitioner and the learned Standing counsel appearing for Chennai Corporation. 2. The Chennai Corporation had issued notice as early as on 02.11.2020 under section 258 of the Chennai City Municipal Corporation Act, 1919 to take down the petition mentioned building. The petition mentioned building is in a dilapidated condition. Even though a notice was issued way back in 2020, no subsequent steps were taken down either by the noticees or by the https://www.mhc.tn.gov.in/judis WP No. 20520 of 2026__________Page6 of 9authorities. A reminder was issued on 30.10.2025 which reads as follows: ‘This is to remind you that a demolition notice was issued to you by Greater Chennai Corporation on 02.11.2020 concerning the unsafe and dilapidated condition of the building located at VJ Flats, Door No.6/11 Gandhi Nagar 1st Crescent Park Road, Adyar, Chennai-20. Despite the lapse of almost five years since the issuance of the notice, no action has been taken to demolish or repair the said structure.In view of the above, this is a final reminder to take immediate action in compliance with the earlier demolition order. In the event of any accident, injury, or damage caused by the unsafe condition of the building, Greater Chennai Corporation will not be held responsible. The entire liability shall rest with the property owner.’ 3. The building in question comprised as many as 34 apartments. The writ petitioners have purchased 30 flats out of 34 individual units. It is stated that in the petition mentioned building, at present, there are no occupants and all of them have been vacated. The petitioners have given a representation to the authorities for enforcing their own earlier communication. Since the said request has not been complied with, the present writ petition is filed. 4. I am more than satisfied that no exception can be taken to the writ petitioners’ request. Admittedly, the building is in a dangerous and dilapidated condition. Therefore, it is the duty of the local body to ensure such buildings are demolished. That’s why specific provisions have been incorporated in the https://www.mhc.tn.gov.in/judis WP No. 20520 of 2026__________Page7 of 9Statutes pertaining to administration of local bodies. If the dilapidated building is not taken down, it will pose danger to the passers-by. There are instances when on account of which, passers-by have also died. I therefore, direct the 3rd respondent to forthwith demolish and take down the petition mentioned building.5. The Writ Petition is allowed. No costs.27-05-2026Index: Yes/NoSpeaking/Non-speaking orderNeutral Citation: Yes/NomsrTo1.The CommissionerGreater Chennai Corporation,Ripon Building, Chennai - 600 003.2.The Regional Deputy Commissioner (South),Greater Chennai Corporation, Zone XIII,Adyar, Chennai - 600 020.3.The Zonal Officer / Executive Engineer,Zone XIII,Greater Chennai Corporation,No.115, Dr. Muthulakshmi Salai,Adyar, Chennai - 600 020.4.The Chief EngineerPublic Works Department (PWD),Kamarajar Salai, Chepauk,Chennai - 600 005. https://www.mhc.tn.gov.in/judis WP No. 20520 of 2026__________Page8 of 9G.R.SWAMINATHAN J.msrWP No. 20520 of 2026&WMP NO. 22056 OF 202627-05-2026 https://www.mhc.tn.gov.in/judis WP No. 20520 of 2026__________Page9 of 9

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