Police protection granted for lawful demolition/reconstruction despite pending civil suit, after dismissal of interim injunction.

ORDER

Seeking to direct the respondents 1 to 3 to provide police protection for the life and limb enabling the petitioner to demolish the remaining portion of the building and proceed with reconstruction of the building work in terms of the permission given by the Madurai City Municipal Corporation, this writ petition is filed.

2. The learned counsel for the petitioner submitted that the petitioner is a senior citizen. The property in Town Survey No.13/D (Old Town Survey No. 1445/13) situated in Kajiyar Thoppu 7^th street, Madurai town, Madurai District was purchased by the petitioner through 3 registered sale deeds bearing Document Nos.508 of 1973, 1004 of 1980 and 1014 of 1980. In the said property, the petitioner had put up the present building and the same has now become old and dilapidated. Hence, on 19.01.2026, the petitioner made an application to the Madurai City Corporation through online for demolition and reconstruction. The petitioner's application was scrutinized on necessary payment, and he was directed to pay an amount of Rs.1,77,850/- for demolition and reconstruction / planning permission. Thereafter, the respondent Corporation vide proceedings dated 21.01.2026 had granted permission for demolishing and reconstruction / planning permission and major portion as on date is presently demolished. While so, the petitioner's sister's son, namely Mohamed Farook, who is the 4^th respondent herein is doing transport business frequented to the petitioner's shop for doing vulcanizing and occasionally used to assist the petitioner. Falsely claiming himself to be a tenant in the said property, he had filed a petition in W.P(MD)No.2265 of 2026 claiming right through an alleged oral Hiba and challenged the communication dated 12.01.2026 with respect to the permission granted for disconnection of electricity by the Assistant Engineer. The same was dismissed. Challenging the same, writ appeal in W.A(MD)No.290 of 2026 was filed and the same came to be dismissed on 10.03.2026. While so, the 4^th respondent had filed a civil suit in O.S.No.45 of 2026 on the file of the Principal District Munsif Court, Madurai seeking a relief of bare injunction, in which he had also filed an interim application in I.A.No.1 of 2026 seeking to restrain the petitioner and officials from interfering with his alleged possession. However, the entire building is under the possession of the petitioner itself. In the said suit, I.A.No.1 of 2026 came to be dismissed on 27.02.2026. Thereafter, the 4^th respondent filed another writ petition in W.P(MD)No.6014 of 2026 challenging the construction permission, dated 22.01.2026 given by the respondent corporation. The said writ petition was also dismissed on 05.03.2026 by this Court. Under such circumstances, considering the dilapidated condition of the said building, it is highly necessary to immediately demolish the remaining portion to facilitate the petitioner in reconstructing the same. Hence, he made various representations, and the final representation is on 07.03.2026. Since the same were not considered, this writ petition has been filed.

3. The learned counsel for the 4^th respondent submitted that it is only the interim application which is dismissed in the pending civil suit in O.S.No.45 of 2026. The trial is yet to be commenced and he can substantiate his claim by deposing proper evidence through proper witnesses and he has bright chances of winning the civil suit. He also pointed out that no criminal antecedents is pending as against the 4^th respondent. He pointed out that in case of passing a positive order in this writ petition, that would make his civil suit