Arulmighu Devi Kollapuri v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.07.2016
CORAM
THE HON'BLE MR.JUSTICE M.JAICHANDREN W.P.No.9833 of 2014 and M.P.No.1 of 2014 Arulmighu Devi Kollapuri Amman Temple represented by its Hereditary Trustees Vatchalapuram Thirunindravur Poonamallee Taluk Chennai - 24.
.. Petitioner Vs.
1.The District Collector Thiruvallur District Thiruvallur-1.
2.The Revenue Divisional Officer Thiruvallur District Thiruvallur - 602 001.
3.The Tahsildar Poonamallee Town Poonamalleee Chennai-56.
4.The Managing Director Chennai Metropolitan Transport Corporation Anna Salai Chennai-2.
.. Respondents The writ petition is filed under Article 226 of the Constitution of India praying for the issue of a writ of mandamus, forbearing the respondents their officials subordinates, servants or anybody claiming through or under them from interfering with the peaceful possession and enjoyment of the petitioner Temple in respect of their land in Survey No.226/32 (earlier in Survey No.146), Vatchalapuram, Thirunindravur, Thiruvallur District, measuring 1.95 Acres.
For Petitioner : M/s.R. Ramaraj For Respondents No.1 to 3 : Mr.R. Ravichandran Addl. Govt. Pleader For Respondent No.4 : Mr.M. Chidambaram - - - - -
ORDER
Heard the learned counsel, appearing on behalf of the petitioner, as well as the learned counsel, appearing on behalf of the respondents.
2.This writ petition has been filed by the petitioner, praying that this Court may be pleased to issue a Writ of Mandamus, forbearing the respondents and their men from interfering with the peaceful possession and enjoyment of the petitioner Temple, in respect of its land, in Survey No.226/32 (earlier in Survey No.146), Vatchalapuram, Thirunindravur, Thiruvallur District, measuring 1.95 Acres.
3.The main contention raised on behalf of the petitioner is that the vehicles belonging to the fourth respondent are parked in the vacant land belonging to the Temple, causing serious hardship to the petitioner, as well as to the other devotees coming to worship in the temple in question.
4. At this stage of the hearing of the writ petition, a counter affidavit, dated 20.8.2014, has been filed on behalf of the fourth respondent.
5. Paragraph No.3 of the said counter affidavit reads as under:- "It is submitted that the fourth respondent Corporation is functioning for the benefit and welfare of Public bus passengers and not on profit motive. The 4th respondent's bus does not go to Vatchalapuram. If it is so the question of using/parking of MTC buses may not arise at all. The fourth respondent's buses never parked in the place comprised in Survey No.226/32 (earlier Survey No.146) measuring 1.95 cents land situated at Vatchalapuram as Bus-stand. The fourth respondent is neither used the disputed place as bus-stand nor parked the MTC buses there. If the Village people don't want bus-stand, let them choose any public place to park the MTC buses."
6.In view of the above averments made in the counter affidavit filed by the fourth respondent, this Court is of the considered view that no further orders are necessary.
5. The writ petition stands closed. No costs. Consequently, Connected M.P. Is closed.
-s/dAssistant Registrar True Copy Sub-Assistant Registrar rbb To 1.The District Collector Thiruvallur District Thiruvallur-1.
2.The Revenue Divisional Officer Thiruvallur District Thiruvallur - 602 001.
3.The Tahsildar Poonamallee Town Poonamalleee Chennai-56.
4.The Managing Director Chennai Metropolitan Transport Corporation Anna Salai Chennai-2.
+1 cc to Mr.R.Kamaraj Advocate sr 42804 +1 cc to Mr.M.Chidambaram Advocate sr 42769 +1 cc to Government Pleader High Court, Madras sr 43064 W.P.No.9833 of 2014 and M.P.No.1 of 2014 aa29/08/2016