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2025 DAILYLAW 8308 (MAD)

ABDUL UMMAL BAGEERAL v. THE GOVERNMENT OF TAMIL NADU

WP/28875/2025 · 2026-07-14

Hemant Chandangoudar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP No. 28875 of 2025 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14-07-2026 CORAM THE HON'BLE MR.JUSTICE HEMANT CHANDANGOUDAR WP No. 28875 of 2025 Abdul Ummal Bageeral ..Petitioner Vs 1. The Government Of Tamil Nadu Rep. By Its Secretary, Information Technology Department, Secretariat, Fort St. George, Chennai. 2. The Commissioner Chennai Corporation, Ripon Building, Chennai-600 003. 3. GTL Infrastructure Limited Rep. By Its Authorized Signatory, City Center, 3rd Floor, Old No.232 & 186 Purasawalkam High Road, Kilpauk, Chennai-600 010 4. Chennai Network Infrastructure Limited (CNIL) Rep. By Its Authorized Signatory Registered Office At Old No.34/1 Dl New No.403/L, Samson Tower 7th Floor Pantheon Road, Egmore Chennai-600 008 5. M/s.Aircel Cellular Limited Rep. By Its Authorised Signatory Mr. C.Vivekanandan, Reg. Office at Fifth Floor, Spencer Plaza, No.769, Anna Salai, Chennai-600 002. ..Respondent(s) https://www.mhc.tn.gov.in/judis WP No. 28875 of 2025 __________ Page2 of 5 Writ Petition is filed under Article 226 of Constitution of India, praying for issuance of writ of mandamus, (a) directing the 1st respondent to forthwith inspect the premises at 44, Santhome High Road, Chennai-600 004 and take immediate steps under the relevant provisions of the Chennai City Municipal Corporation Act, 1919 to cause the removal of the dangerous, dilapidated, and hazardous mobile tower belonging to the 2nd respondent and (b)directing the 2nd respondent to forthwith remove its mobile tower, equipment, and all appurtenances from the petitioners premises and hand over peaceful and vacant possession and grant liberty to the petitioner to initiate appropriate civil and / or other legal proceedings for recovery of (a) arrears of rent and (b) mesne profits from the 2nd respondent together with interest as permissible in law and award the costs of this petition to the petitioner For Petitioner: Ms. T. Usha For Mr. S.Bageerathan For Respondents: Mr. M.Sivavarthanan, Govt. Counsel – R1 Mrs. V. Soundarya For Mr.D.B.R. Prabhu, Standing Counsel –R2 ORDER The petitioner is before this Court seeking a direction to respondents 1 and 2 to inspect the premises bearing No.44, Santhome High Road, Chennai – 600 004, and to take appropriate action under the relevant provisions of the Chennai City Municipal Corporation Act, 1919, for the removal of the allegedly https://www.mhc.tn.gov.in/judis WP No. 28875 of 2025 __________ Page3 of 5 dangerous, dilapidated, and hazardous mobile tower belonging to the third respondent, by considering the petitioner’s representation dated 06.10.2024. 2. 2. Admittedly, the mobile tower was erected on the said property by the fifth respondent pursuant to a lease agreement executed by the petitioner in its favour. It is also not in dispute that the fifth respondent no longer exists and that the lease period has since expired. 3. The mobile tower was not erected by the second respondent- Corporation. Therefore, the Corporation cannot be fastened with any obligation to dismantle or remove a tower erected by a private entity on the petitioner’s property. If the petitioner intends to dismantle the tower, it is needless to observe that he is at liberty to do so at his own cost, and taking adequate safety measures to ensure that the lives and property of the occupants of the surrounding buildings are not endangered. 4. With the above observations, the writ petition is disposed of. There shall be no order as to costs. 14-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ak https://www.mhc.tn.gov.in/judis WP No. 28875 of 2025 __________ Page4 of 5 To 1. The Government Of Tamil Nadu Rep. By Its Secretary, Information Technology Department, Secretariat, Fort St. George, Chennai. 2. The Commissioner Chennai Corporation, Ripon Building Chennai-600 003 https://www.mhc.tn.gov.in/judis WP No. 28875 of 2025 __________ Page5 of 5 HEMANT CHANDANGOUDAR, J. ak WP No. 28875 of 2025 14-07-2026 https://www.mhc.tn.gov.in/judis