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2025 Supreme(Online)(Mad) 72834

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice M.DHANDAPANI
M/S.ATHULYA ASSISTED LIVING PRIVATE LIMITED – Appellant
Versus
THE DGP/DIRECTOR – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 24.11.2025 CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI And W.M.P.No.42427 of 2024 M/s.Athulya Assisted Living Private Limited Represented by its Authorized Signatory Fredrick Antony, No.40, North Phase, 5th Cross Street, Kalaimagal Nagar, Ekkatuthangal, Chennai – 600 032. ... Petitioner Vs.

The DGP / Director, Tamil Nadu fire and Rescue Services, No.17, Rukmani Lakshmipathi Salai, Egmore, Chennai – 600 008. ... Respondent Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records of the impugned notice / order dated 25.10.2024 in K.Dis.No.12281/C1/2024 on the file of the respondent, quash the same and consequently direct the respondent to issue Fire License to the petitioner’s premises situated at Block No.15, Tower – C, No.328, GST Road, Pallavaram Village, Chennai – 600 063.

For Petitioner : Mr.N.L.Rajah Senior Advocate for M/s.Rajagopal Vasudevan For Respondent : Mrs.S.Anitha Special Government Pleader

O R D E R

This writ petition has been filed seeking issuance of Writ of Certiorarified Mandamus calling for the records of the impugned notice/ order dated 25.10.2024 in K.Dis.No.12281/C1/2024 on the file of the respondent, quash the same and consequently direct the respondent to issue Fire License to the petitioner’s premises situated at Block No.15, Tower – C, No.328, GST Road, Pallavaram Village, Chennai – 600 063.

2.The learned Senior Counsel appearing for the petitioner submitted that the petitioner is a company registered under the Companies Act and is involved in running old age homes by providing complete assisted living services to senior citizens, running retirement homes, senior – friendly apartments with all amenities and skilled nursing facility which includes rehabilitation with all required facilities and amenities under one roof. On 24.11.2021, the petitioner entered into a lease agreement with Olympia Tech Park (Chennai) Private Limited [hereinafter referred to as ‘building owner’] for one block/ tower, namely, Tower ‘C’ and took possession of the property after completing the statutory license compliances and interior work. After taking possession, the petitioner was informed by the building owner that an application for fire license has been submitted to the respondent. On 20.12.2022, the respondent issued NOC No.166/2022 for the subject property after conducting an inspection and confirming that all statutory and Governmental compliances were in order.

3.The learned Senior Counsel appearing for the petitioner further submitted that the petitioner made application in accordance with the Tamil Nadu Maintenance and Welfare of Parents and Senior Citizens Rules, 2009 for running old age home in the subject property on 07.03.2023 and after due verification, the District Social Welfare Officer, Chengalpattu issued a certificate of registration vide proceedings dated 03.05.2023 under Rule 12(3) of the Tamil Nadu Maintenance and Welfare of Parents and Senior Citizens Rules, 2009 valid for the period from 03.05.2023 to 05.03.2026.

4.The learned Senior Counsel appearing for the petitioner further submitted that the other towers of the building owner comprise of individual apartments and the owners of the said apartments formed association known as Olympia Grande Apartment Owners Welfare Association [hereinafter referred to as ‘association’] and the association lodged false complaints against the building owner, due to which, CMDA issued de-occupation notice dated 22.08.2023 to the building owner. Thereafter, the association preferred complaint to the District Social Welfare Officer, Chengalpattu referring the de- occupation notice dated 22.08.2023 and based on the said complaint, the District Social Welfare Officer, Chengalpattu, cancelled the registration of the petitioner’s old age home in the subject property and aggrieved by the same, the petitioner preferred W.P.No.4191 of 2024 and this Cou

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