J.MOHAMMED AMMEN Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) This petition has been filed to direct the respondents 1 to 3 to given suitable police protection to the petitioner in order to demolish the building at New No.114, Old No.7, Nainiappa Street, Park Down, Chennai.

(2.) The learned counsel for the petitioner would submit that the petitioner is the owner of the building compromising 3 floors. The building is aged about more than 100 years and the condition of building is too worst and dilapidated condition. There are tanks in the said building and as such the petitioner filed the petition for eviction in R.C.O.P.Nos.552, 665, 666 of 2011 as against the respondents 4 to 6 herein. On 09.03.2020 the learned Rent Controller is directed the respondents 4 to 6 herein to vacate the premises and handover the vacant possession within the period of two months. Thereafter the Corporation of Chennai also considered the age of the building and also its condition, issued notice to the petitioner as well as the tenants to demolish the aforesaid structure to prevent from any danger within fifteen days from the date of notice dated 18.03.2020. On receipt of the notice the petitioner seeks protection from the respondents 1 to 3 to demolish the dilapidated condition building as directed by the Corporation of Chennai. Even then the respondents 1 to 3 did not provide any police protection to comply the order, notice issued by the Corporation of Chennai. Therefore the prayer sought for direction directing the respondents 1 to 3 to adequate police protection to the petitioner in order to demolish the building.

(3.) Per contra the learned counsel for the respondents 4 to 6 herein submitted that the respondents 4 to 6 are tenants under the petitioner. Though the learned Rent Controller passed order in R.C.O.P.Nos.552, 665, 666 of 2011 dated 09.03.2020 thereby directed to vacate the premises and handover vacant possession within the period of two months as against which the respondents 4 to 6 have filed R.C.A and it is not yet to come for admission before the learned Rent Controller Appellate Authority. He further submitted that the notice issued by the Corporation of Chennai has been challenged before this Court in W.P.No.11438 of 2020 and this Court by an order dated 03.09.2020 stayed all further proceedings impugned the notice issued by the Corporation of Chennai. Under these circumstances, the building cannot be demolished since already the matter has been subjudice by this Court.