G.Parvathi Ammal v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE J. SATHYA NARAYANA PRASAD Mr.G.Parvathi Ammal .. petitioner vs 1.The Commissioner Coimbatore City Municipal Corporation Coimbatore.

.. respondent Prayer: Writ Petitions is filed under Article 226 of the Constitution of India, praying to issue a Writ of mandamus to direct the respondent to hand over the belongings and 9 deities by considering the representation of the petitioner dated 06.09.2024 within a stipulated time frame. For Petitioners : Mr.Mukunth, Senior Counsel for Mr.K.Balasubramaniam For Respondent : Mr.N.Umapathy, Standing counsel

O R D E R

This writ petition has been filed to direct the respondent to hand over the belongings and 9 deities by considering the representation of the 1/4

petitioner dated 06.09.2024 within a stipulated time frame, the same has not been considered till date.

2. The learned Senior Counsel appearing for the petitioner would submit that already two suits are pending before the Civil Court, one suit for declaration in OS.No.618 of 2023 before the V Additional District Munisf, Coimbatore and another suit for bare injunction in OS.No.610 of 2024 on the file of the IV Additional District Judge, Coimbatore. He would further submit that the suit has been filed based on the directions given by this Court, whether the temple is constructed in the area earmarked for park or it belongs to the petitioner.

3. The learned senior counsel further submitted that the representation of the petitioner has to be considered after giving notice to the petitioner as well as to one Sundiraj, to whom the deities have been handed over by the Corporation officials.

4. The learned standing counsel for the respondent submitted that the representation of the petitioner dated 06.09.2024 will be considered on merits and in accordance with law within the time framed by this Court. 2/4

5. Heard the rival submissions made on both sides and perused the materials available on record.

6. This Court directs the respondent to consider the representation of the petitioner dated 06.09.2024 after conducting detailed enquiry after giving due notice to the petitioner as well as to the interested parties, affording opportunity of personal hearing, to pass orders on merits, and in accordance with law within a period of 8 weeks from the date of receipt of a copy of this order.

7. With the above observations and directions, this writ petition is disposed of. No costs.

03.03.2025 Speaking order / Non-speaking order Index : Yes / No : Yes / No tsh To The Commissioner Coimbatore City Municipal Corporation Coimbatore.

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J. SATHYA NARAYANA PRASAD , J.

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