WP/37412/2026 of Dr. Annamalai Alagappan Vs The commissioner on 23 September 2026

ORDER

(Order of the Court was made by P.Velmurugan J.) With the consent of either side, this Writ Petition is taken up for final disposal at the admission stage itself.

2. This Writ Petition has been filed seeking direction to the respondents 1 and 3 to forthwith remove and dismantle the unauthorized advertisement hoarding, supporting structure, framework, etc., erected by the fourth repondent in the petitioner’s property bearing Door No.112, Poonamallee High Road, Periyar E.V.R.Salai, Purasaiwakkam, Chennai – 600 084 and also bearing Door No.128, Gengu Reddy Road, Egmore, Chennai – 600 008.

3. The case of the petitioner is that the petitioner’s father purchased the aforesaid property on 15.05.1967 and after his demise, the petitioner became the lawful owner of the said property. One Dr.Ruth instituted a suit in T.O.S.No.15 of 1989 claiming the said property under an alleged Will said to have been executed in her favour. The suit came to be dismissed. Later, the petitioner had filed a suit in C.S.No.309 of 2003 before this Court seeking recovery of possession of the aforesaid property. The suit has been transferred to the file of XXII Additional Judge, City Civil Court, Chennai and is pending as O.S.No.6218 of 2023. The petitioner had also filed an another suit in

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O.S.No.4423 of 2007 on the file of the VII Assistant Judge, City Civil Court, Chennai and in which a decree of permanent injunction restraining Dr.Ruth from demolishing or putting up any construction in the property. 3.1 The contention of the petitioner is that despite the subsisting judicial order, the fourth respondent herein has erected and continued to maintain and use an advertisement hoarding and its supporting structure on the petitioner’s property for commercial purposes. In this regard, the petitioner has submitted a representation to the official respondents calling upon them to remove the unauthorized structure and take appropriate action in accordance with law. Since the same was not considered, the petitioner has filed the present writ petition seeking direction against the official respondents.

4. Heard both sides and perused the materials available on record.

5. Upon perusing the records, it is seen that the dispute involved in the present writ petition is civil in nature and that the petitioner has already instituted a suit before the Civil Court in respect of the very same dispute, which is pending adjudication. In such circumstances, the petitioner cannot maintain the present writ petition and seek a remedy under Article 226 of the Constitution of India. The writ petition is, therefore, not maintainable. However, the petitioner is at liberty to work out his remedy in accordance with law in the

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pending civil proceedings.

6. With the above observation, this Writ Petition is dismissed. No costs. (P.V.,J.) (G.K.M.,J.) 23-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No BKN To:

1. The Commissioner Greater Chennai Corporation, Ripon Building, Chennai 600 003.

2. The Superintending Engineer (SE) Tamil Nadu Power Distribution Corporation Limited (TNPDCL) Region 01-Chennai North, Circle 402-Central, Section 153-Vepery Distribution 001- Poonamallee High Road, MGR Salai, 110/33 / 11Kv, Valluvar Kottam SS Complex, Nungambakkam, Chennai 600 034

3. The Commissioner of police Greater Chennai Police, No. 132 Commissioner office Building, EVK Sampath Road, Vepery, Chennai 600 007

WP No. 37412 of 2026

P.VELMURUGAN, J. AND GK.MUTHUKUMAAR, J. BKN WP No. 37412 of 2026 23-09-2026