K.R.Durairaj, v. Arulmighu Kailasanathar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.01.2019
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR WP.No.4537 of 2011 and M.P.Nos. 1 and 2 of 2011 K.R.Durairaj ... Petitioner Vs 1.Arulmighu Kailasanathar Thirukkoil Rep. by its Executive Officer Office at Arulmighu Ellaiamman Temple Veeraswamy Street, Periamet Chennai-600 003 2.Consolidated Construction Consortium Ltd., Infracons Divison Khiviraj Complex, Block No.2 8th Floor, 480, Anna Salai Nandanam, Chennai-600 035 3.Chennai Metro Rail Limited rep. by its Managing Director Door No.11/6, Seethammal Road Alwarpet, Chennai-600 018 ... Respondents (3rd respondent impleaded vide order dated 25.01.2019 in M.P.No.2/2011 in WP.
4537/2011) Prayer:- This Writ Petition is filed, under the Article 226 of Constitution of India, to issue a writ of Prohibition forbearing the respondents herein and their men, agents and subordinates from in any manner disturbing the possession and enjoyment of the Petitioner of one acre of land abutting the Poonamallee High Court in S.No.8 of V in the schedule hereunder. Schedule:- One acre of land out of 5 acres and 56 cents abutting the Poonamallee High Road, in S.No.
Kailasanathar Temple and west of land belonging to Chengalvaraya Naidu, Devasthanam Street and Pananjalai.
For Petitioner :
Mr.Kandavadivel Doraisami For Respondents :
Mr.Kailasam for R1 No appearance for R2 Mr.Jayesh B.Dolia for R3 (Proposed Respondent)
ORDER
This Writ Petition is filed praying to forbear the respondents and their men, agents and subordinates from in any manner disturbing the possession and enjoyment of the Petitioner of one acre of land abutting the Poonamallee High Court in S.No.8 of V in the schedule as set out above.
2. A perusal of the counter affidavit filed by the 1st respondent shows that the Petitioner seeks to protect his alleged possession, which is based on a lease and the said lease expired by efflux of time. Further, the 1st respondent Temple has stated that O.S.No.777 of 1995 filed by them has been dismissed and an appeal is filed in A.S.No.12 of 2011 and the same is pending. It is also stated in the counter that the mixed questions of fact raised in this Writ Petition cannot be adjudicated by this court.
3. Considering the facts and circumstances of the case, the third respondent-Chennai Metro Rail Ltd., is impleaded as party to the proceedings. M.P.No.2 of 2011 is allowed. The learned counsel appearing for the 3rd respondent submits that Chennai Metro Rail has taken possession of the subject land and completed the project and after the completion of Project, the possession was handed over to the 1st respondent/Temple. The submission of the counsel for 3rd respondent is recorded.
4. In view of the above, nothing survives for adjudication in this writ petition. If the Petitioner is aggrieved, the proper remedy is to approach the civil forum. Accordingly, the Writ Petition is dismissed. No costs. M.P.No.1 of 2011 is closed. Sd/- Assistant Registrar (CO) //True Copy// Sub Assistant Registrar nvsri
To 1.Managing Director, Chennai Metro Rail Limited Door No.11/6, Seethammal Road Alwarpet, Chennai-600 018 +1cc to Mr.Muthumani Doraisami, Advocate, S.R.No. 5932 +1cc to Mr.A.S.Kailasam & Associates, Advocate, S.R.No.6321 +1cc to Mr.Jayesh B.Dolia, Advocate, S.R.No. 5939 WP.4537 of 2011 NMI(CO) GN(11/03/2019)