Sri Vengeeswarar Algar Perumal v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.01.2018
CORAM:
THE HONOURABLE MR. JUSTICE S. VAIDYANATHAN W.P.No.30084 of 2003 Sri Vengeeswarar Alagar Perumal and Nagathamman Koil Devasthanam, represented by its Hereditary Trustee, G.Prem Anand, Saidapet Road, Vadapalani, Madras - 26.
... Petitioner vs.
1.
The Commissioner, Corporation of Chennai, Ripon Buildings, Chennai - 3.
2.
The Joint Commissioner, H.R. & C.E., Uthamar Gandhi Salai, Nungambakkam, Madras - 34.
3.
Rajendran 4.
Palani 5.
Kumar ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the Respondents 1 and 2 to take steps to remove the encroachment made by the Respondents 3 to 5 both on the Temple site and on Padaram Street, Kodambakkam Village, Madras-24, as indicated in the Sketch attached.
For Petitioner :
Mr.P.Duraisamy For 1st Respondent :
Mr.V.C.Selvasekaran For 2nd Respondent :
Mr.M.Maharaja, Special Government Pleader For Respondents 3 to 5 :
Mr.P.K.Gopal Raj
O R D E R
This Writ Petition is filed seeking a direction to Respondents 1 and 2 to take steps to remove the encroachment made by Respondents 3 to 5 both on the Temple site and on Padaram Street, Kodambakkam Village, Madras-24.
2. Today, when the matter was called, Mr.V.C.Selvasekaran, learned Standing Counsel appearing for the 1st Respondent/Corporation submitted that one of the persons, who is residing in the encroached place has filed a Writ Petition in W.P.No.843 of 2016 and pursuant to the order dated 04.03.2016 of the First Bench of this Court in the said Writ Petition, encroachments have been removed and Status Report has also been filed.
3. Since the relief sought in both the Writ Petitions is one and the same and that the 3rd Respondent in the said Writ Petition and the 4th Respondent herein are one and the same, taking note of the submissions of the learned Standing Counsel appearing for the 1st Respondent/Corporation, that the encroachments in question have been removed, no further adjudication is required in this matter. The 1st Respondent/Corporation is directed to ensure that no further encroachment is made in the said place. If any encroachment is noticed and brought to the attention of the authorities concerned, the Officials, who are responsible for preventing the encroachments will have to be removed from service. In fine, the Writ Petition is closed. No costs. Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar (aeb) To:
1.
The Commissioner, Corporation of Chennai, Ripon Buildings, Chennai - 3.
2.
The Joint Commissioner, H.R. & C.E., Uthamar Gandhi Salai, Nungambakkam, Madras - 34.
+1cc to the Government Pleader, S.R.No. 5116 W.P.No.30084 of 2003 TR(28/02/2018)