Dharmapuram Adheenam v. The Principal Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23-03-2026
CORAM
THE HON'BLE MR JUSTICE ABDUL QUDDHOSE Dharmapuram Adheenam Rajan Kattalai, Attached to Sri Thiagaraja Swamy Devasthanam, Represented by its Superintendent, MR.VKS Arul Nandhi, No.19, South Main Street, Thiruvarur - 610 001.
..Petitioner(s) Vs
1. The Principal Secretary to Government, Department of Municipal Administration and Water Supply, Secretariat, Fort St.George, Chennai - 600 009.
2. The Director of Municipal Administration, Directorate of Municipal Adminstration, 75, Urban Administrative Building, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai - 600 028.
3. The District Collector, Thiruvarur District Collectorate, Thiruvarur - 610 004.
4. Thiruvarur Municipality, Represented by its Commissioner, South Main Street, Thiruvarur - 610 001.
..Respondent(s) Writ petition filed under Article 226 of the Constitution of India for the issuance of writ of Mandamus forbearing the Respondents, their men, servants, staff,
employees, agents, contractors, from constructing a public toilet at or adjacent to the Northern side entrance of the petitioners property on Manundayar street situated at T.S.No.2008, ward-2 vadakku setthi part, Therku Setthi Part, Thiruvarur Town, Thiruvarur Taluk, Thiruvarur District by considering the Petitioners representation dated 27.02.2026.
For Petitioner(s):
Mr.G.Adithyaraj For Respondent(s):
Dr.T.Seenivasan,SGP
ORDER
This writ petition has been filed seeking a direction to forbear the respondents from constructing a public toilet adjacent to the northern side entrance of the petitioner's property more fully disclosed in the prayer to the writ petition.
2.
The petitioner claims that if the toilet is constructed, the petitioner's free ingress and egress to reach its property will be affected. Under such circumstances, the petitioner submitted a representation to the respondents on 27.02.2026, requesting them not to construct the public toilet at the designated place. Since the said representation was not considered, the present writ petition has been filed before this Court. 3.
Dr.T.Seenivasan, learned Special Government Pleader, accepts notice on behalf of the respondents. On instructions, the learned Special
Government Pleader submitted that the construction of the public toilet at the designated place will not affect the petitioner's free ingress and egress. He also placed on record the photographs of the constructed public toilet and submitted that the public toilet is on the verge of completion. He further submitted that the public toilet is being constructed in the interest of the worshippers, who visit the petitioner's temple. Therefore, he contended that the petitioner's representation dated 27.02.2026 seeking to forbear the respondents from constructing the public toilet at the designated place is liable to be rejected. 4.
As seen from the photographs placed on record by the learned Special Government Pleader, the public toilet is on the verge of completion. At this stage, when the respondents have already spent an enormous amount of money on the construction of the public toilet, the question of interference by this Court does not arise and that the access to the petitioner's property has also not been fully blocked, as claimed by the petitioner in this writ petition. There are other means of access available to the petitioner to reach the property. 5.
For the forgoing reasons, the prayer sought for in this writ petition to forbear the respondents from constructing a public toilet cannot be granted. In the result, there is no merit in this writ petition and hence, this writ petition stands dismissed. However, whenever the petitioner seeks to develop the property by putting up new construction and if there arises a need to shift the
public toilet to any other place within the same vicinity, liberty is granted to the petitioner to work out its remedy in the manner known to law. No costs. Consequently, the connected miscellaneous petition is closed. 23-03-2026 Index: Yes/No Speaking/Non-speaking order RKA
1. The Principal Secretary to Government, Department of Municipal Administration and Water Supply, Secretariat, Fort St.George, Chennai - 600 009.
2. The Director of Municipal Administration, Directorate of Municipal Adminstration, 75, Urban Administrative Building, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai - 600 028.
3. The District Collector, Thiruvarur District Collectorate, Thiruvarur - 610 004.
4. Thiruvarur Municipality, Represented by its Commissioner, South Main Street, Thiruvarur - 610 001.
ABDUL QUDDHOSE, J.
RKA 23-03-2026