This petition is filed by a lessee of fifteen grounds of vacant land situate at No. 33, Mundakanni Amman Koil Street, Mylapore, Madras, belonging to T.R. V. Subbi Chetty’s Family Charities, for the issue of a writ of mandamus directing the Commissioner of Police, Madras, to secure to him peaceful and quiet enjoyment of the property by removing the persons who are unlawfully remaining on the property.

The petitioner obtained a lease of the property from the trustees on 17th December, 1966 and took possession of the property on 11th January, 1967. On or about 3rd July, 1967, there was a serious fire accident in Mundakanni Amman Koil Street and a number of dwellings were destroyed. The fence erected by the petitioner on the property and the thatched sheds erected for storing building materials were also destroyed. For the purpose of having free access to the burning spots, the fire fighting party broke the wooden doors put up by the petitioner on the property. Before the petitioner could repair the damage to the thatched sheds and the fence, some of the persons whose dwellings were destroyed by fire committed criminal trespass by entering into his property and occupied the same