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Madras High CourtWP/12577/2015disposed of

Chennai Nerkundram Reddy v. The District Collector

2015-04-27Honourable The Chief Justice,Honourable Mr Justice T. S. Sivagnanam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 27..04..2015

CORAM:

THE HONOURABLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.12577 of 2015 and M.P.No.1 of 2015 Chennai Nerkundram Reddy Welfare Association represented by the Secretary M.Vasu Reddy, No.4, Reddy Street, Nerkundram Chennai 600 107.

...Petitioner

versus 1.The District Collector 2.The Commissioner Corporation of Chennai Rippon Buildings, Chennai 600 003.

3.The Managing Director Chennai Metrowater and Sewerage Board, Pumping Station Road, Chennai 600002.

4.The Zonal Officer, Zone XI, Corporation of Chennai Valasaravakkam, Chennai.

5.The Tahsildar Ambattur Taluk, Ambattur, Chennai 600053.

6.The Executive Officer, Nerkundram I Grade Panchayat, Nerkundram 7.The Commissioner Hindu Religious & Charitable Endowment Board, Nungambakkam, Chennai.

...Respondents

Petition filed under Article 226 of the Constitution of India praying for the issue of a writ of mandamus, directing the respondents to restore the 'Sri Mari Naryaniamman Temple Pond' situated in S.No.81/1 at Nerkundram Village, Maduravoyal Taluk, Thiruvalur District and to protect the pond for the public purposes of water storage and conducting obequecies ceremonies followed from the ancient period.

For Petitioner :

Mr.V.Vasanthakumar for Mr.K.Muthuramalingam For Respondents :

Mr.S.T.S.Murthy Government Pleader for RR 1, 5 and 7.

Mr.K.Soundararajan for RR 3 and 4.

Mr.N.Ramesh for R.2.

O R D E R

(The Order of the Court was made by The Hon'ble The Chief Justice) Notice, which is accepted by the learned counsel for the respondents.

2. The grievance of the petitioner is that the construction of over-head tank is being made in a pond, which has religious significance, by constructing pillars. This action stated to have

been taken by the second respondent and a representation was made to the first and second respondents on 16.01.2015, but to no avail, while construction work is going on at a fast pace by the third respondent. The temple is under the Hindu Religious and Charitable Endowment Board/7th respondent.

3. In view of all the aforesaid facts and circumstances, we direct the respondents to look into the matter in a concerted manner and take a decision on the representation of the petitioner within 15 days of the receipt of the order, after notice to all concerned and by a speaking order.

4. The writ petition accordingly stands disposed of. No costs. Consequently, M.P.No.1 of 2015 is closed.

Copy of the order be sent to Respondent Nos.1, 2,3 and 7 on 29.04.2015.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar To 1.The District Collector, 2.The Commissioner, Corporation of Chennai Rippon Buildings, Chennai 600 003.

3.The Managing Director Chennai Metrowater and Sewerage Board, Pumping Station Road, Chennai 600002.

4.The Zonal Officer, Zone XI, Corporation of Chennai, Valasaravakkam, Chennai.

5.The Tahsildar Ambattur Taluk, Ambattur, Chennai 600053.

6.The Executive Officer, Nerkundram I Grade Panchayat, Nerkundram, Thiruvallur District.

7.The Commissioner Hindu Religious & Charitable Endowment Board, Nungambakkam, Chennai 1 CC to Mr.K.Muthuramalingam, Advocate SR.No. 22850 1 CC to Mr.K.Soundararajan, Advocate SR.No. 23256 2 CCs to the Government Pleader, SR.No. 23249 & 23272 W.P.No.12577 of 2015 CNR (CO) PSI (30.04.2015)