Mr.Suraj Jain v. The Government Of Tamil Nadu
In the High Court of Judicature at Madras Dated: 10.07.2015 Coram:
The Honourable Mr. SANJAY KISHAN KAUL, Chief Justice and The Honourable Mr. Justice T.S.SIVAGNANAM Writ Petition No. 20542 of 2015 and M.P. No.1 of 2015 Suraj Jain .. Petitioner vs.
1. The Government of Tamil Nadu Rep. by Chief Secretary Fort St. George Rajaji Salai, Chennai-9.
2. The Collector of Chennai Singaravelar Maligai Rajaji Salai, Chennai 600001.
3. The Commissioner Corporation of Chennai Rippon Building, Chennai-600003.
4. The Commissioner of Police No.132, EVK Sampath Road Vepery, Chennai-600007.
5. Mr.Jayakumar .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for issue of a Writ of Mandamus directing the respondents to remove the illegal place of worship now being put up by fifth respondent Mr.Jaya Kumar at Lloyds Road, Gopalapuram, Chennai-600 086 adjoining "Chhajer Bhavan" Marriage Hall at Old No.261, Lloyds Road, Gopalapuram Chennai-600 086, based on the order of the Supreme Court in SLP No.8519 of 2006 dated 29.9.2009. For Petitioner : Mr. M. Arunachalakani For Respondents : Mr. S.T.S. Murthi, Govt. Pleader assisted by Mr.V.Shanmughasundar Govt. Advocate for R1, 2 & 4 Mr. K. Soundararajan for R3.
O R D E R
(Made by The Hon'ble The Chief Justice) The petitioner claims to be a co-owner of a Marriage Hall Chhajer Bhavan and claims that abutting the Party Hall, there exists a temple which causes a lot of hardship to the road users. This temple is stated to have been removed on 24.03.2010, especially in the context of the orders of the Honourable Supreme Court in respect of unauthorised religious places in Civil Appeal No.8519 of 2006. It alleged that respondent no.5 and some other persons have placed three bricks which are covered with turmeric, vermilion and decorated with neem leaves and flowers to give the impression of a deity and started to perform poojas and this was against the directions of the Honourable Supreme Court.
2. Mr.Gopala Guru, Inspector of Police, E2 - Royapettah Police Station is present in Court and informs through the Government Pleader that there are no such structures when he visited there yesterday and even photographs in this behalf have been produced.
3. On a query, whether the petitioner was running a licensed Marriage Hall (legalities of action of the petitioner are bound to be scrutinised when he approaches under a public interest litigation), we are informed that possibly there is no licence. We would expect the third respondent to verify the position and if the functioning of the Marriage Hall is without any licence, then take appropriate action in accordance with law forthwith.
4. The writ petition stands disposed of with the aforesaid directions. No costs. Consequently, M.P. No.1 of 2015 is closed. Sd/- Assistant Registrar True Copy Sub Assistant Registrar ATR Copies to;
1. The Chief Secretary Government of Tamil Nadu Fort St. George Rajaji Salai, Chennai-9.
2. The Collector of Chennai Singaravelar Maligai Rajaji Salai, Chennai 600001.
3. The Commissioner Corporation of Chennai Rippon Building, Chennai-600003.
4. The Commissioner of Police No.132, EVK Sampath Road Vepery, Chennai-600007.
1 cc to Mr.M. Arunachalakani , Advocate Sr.No.34801 1 cc to Government Pleader.Sr.No.35002 1 cc to Mr.K. Soundararajan , Advocate Sr.No.35115 W.P. No. 20542 of 2015 vd(co) pmk.23.7.2015