Madras High CourtWP/20439/2015disposed of

A.Shanmugam v. The Government Of Tamilnadu

2015-08-10Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice Satish K. Agnihotri3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10/8/2015 C O R A M THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE MR. JUSTICE K.K.SASIDHARAN W.P. No.20439 of 2015 A. Shanmugam ...

Petitioner Vs

1. The Govt of Tamil Nadu rep. By its Secretary Secretariate Fort St. George Chennai.

2. The District Collector Office of the Collectorate Thiruvannamalai District.

3. The Executive officer Polur Panchayat Union (selection grade) Polur 606 803 Thiruvannamalai District.

4. The Ward Councilor 12th Ward No.1 Ponnusamy Second Street Polur 606 803.

Thiruvannamalai District.

5. The Inspector of Police Polur Police Station Polur 606 803 Thiruvannamalai District.

...

Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents to demolish/remove the illegal superstructure of the temple at Ponnusamy First Street, Polur, Thiruvannamalai District which is being carried on in the place of public water tank and restore the same to its original condition.

For petitioner : Mr.T.Mohan for Mr.S.Anbazhagan.

For respondents : Mr.P.S.Sivashanmugasundaram Special Government Pleader for R.R.1, 2 and 5.

Notice served on R.R.3 and 4.

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O R D E R

(Order of the Court was made by SATISH K. AGNIHOTRI,J.) Mr.P.S.Sivashanmugasundaram, learned Special Government Pleader appears on behalf of the respondents 1, 2 and 5. With the consent of the learned counsel for the parties, the writ petition is taken up for final disposal.

2. The petitioner stated to be a resident of 17 (6 A) Ponnusamy First Street, Polur, Thiruvannamalai District, has come up with this petition, seeking a direction against the authorities to demolish/remove the illegal superstructure of the temple at Ponnusamy First Street, Polur, Thiruvannamalai District.

3. Pursuant to our notice dated 24th July, 2015, it is submitted by the District Collector, Thiruvannamalai in his report dated 29th July, 2015, that the notice issued under Section 216 of the Tamil Nadu District Municipalities Act, 1920 have been served on 27th July, 2015, on the persons who are responsible for the construction of the Temple. It is further stated that the said temple was constructed without any approval or permission from the Town Panchayat Authority/the Executive officer of Polur Town Panchayat, Tiruvannamalai District under the provisions of the Act. 15 days time granted under the said Notice has expired today. Thus, the respondents are directed to take consequential action, if it is found that the said structure is illegal, unauthorised or constructed without the permission of the concerned authorities. Such an exercise shall be completed within a period of two weeks from the date of receipt of a copy of this order.

4. This writ petition is disposed of accordingly. No costs. Sd/- Asst.Registrar (J) /true copy/ Sub Asst. Registrar

1. The Secretary Govt of Tamil Nadu Secretariate Fort St. George Chennai.