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2025 Supreme(Online)(Mad) 36821

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. M. Subramaniam, K. Rajasekar, JJ
The Commissioner Greater Chennai Corporation – Appellant
Versus
The Deputy Commissioner Of Police – Respondent


Advocates:
For the Appellant(s): Mr.R.Ramanlaal AAG asst by Ms.P.T. Ramadevi and Mr.A.S.Ragul Adhithya
For the Respondent(s): Mr.M.Babumuthumeeran Addl Public Prosecutor for R1, Mr.T.Sundar Rajan for R2

Table of Content
1. overview of property and ownership dispute. (Para 2 , 3)
2. discussion on the validity of the sale and permissions. (Para 4 , 7 , 8)
3. clarification on statutory bar regarding osr land. (Para 10 , 11 , 14)
4. declaration of prior judgments as null and void. (Para 18 , 19)
5. final ruling on the writ appeal. (Para 20)

JUDGMENT

(Judgment of the Court was made by S.M.Subramaniam J.)

Under assail is the Writ order dated 25.01.2023 passed in W.P.No.25431 of 2022.

2. The Commissioner, Greater Chennai Corporation, is the appellant before this Court. The 2nd respondent Mrs.R.Jayalakshmi, instituted the Writ proceedings for issuance of Writ of Mandamus, forbearing the respondents from in any manner interfering with her peaceful possession and enjoyment of the property measuring 8897 sq.ft situated in Plot. No.1 and 2 of Thendral Nagar, 7th street, Selavoyal, Chennai – 600 118, comprised in O.S.No.70/6, as per Patta C.A.No.1521/1999 and C.A.No.305 of 2001 comprised in T.S.No.104/2 and 104/3 regularised by the respondents 1 and 2 therein vide Regularisation Permit No.1400/2020 dated 22.07.2020 and 1417 of 2020 dated 24.07.2020.

3. The contention of the appellant/Corporation is that

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