Tamilnau Hindu Temples v. The Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.11.2016 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R.MAHADEVAN W.P.No.26174 of 2014 Tamil Nadu Hindu Temples Protection Committee, "Sri Meenakshi", 25/20 Sambanda Moorthi Street, Near Sri Ayyapan Temple, Mela Masi Veedhi, Madurai 625 001, rep. by its State Organising Secretary M.A.Sudhakar.

.. Petitioner -vs1.The Commissioner, Hindu Religious and Charitable Endowment Department, Uthamar Gandhi Road, (Nungambakkam High Road) Chennai-600 034.

2.The Commissioner, Corporation of Chennai, Ripon Buildings, Chennai-600 003.

3.The Member Secretary, Chennai Metropolitan Development Authority (CMDA) Gandhi Irwin Road, Chennai-600 008.

4.E.P.Prabhakaran .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondents 2 and 3 to demolish the unauthorised structure put up by the 4th respondent at No.28, Survey No.452, Nungambakkam Chokkattan Salai, Nungambakkam, Chennai-600 034, as contemplated under Section 56 of the Tamil Nadu Town and Country Planning Act, 1971.

For Petitioner :

Mr.B.Rabu Manohar For Respondents :

Mr.M.Maharaja Spl. G.P. (HR & CE) for R1 Mr.R.Arunmozhi for R2 Mr.C.Johnson for R3

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) On hearing the learned counsel for parties, it transpires that in civil proceedings, the temple land has been sold on fourth party. The other aspect is of the alleged unauthorised construction on that property, which is required to be looked into by respondent No.2/Corporation and if any unauthorised construction is found, after carrying out an inspection within fifteen days, action in accordance with law, after notice to all concerned be concluded within two months' thereafter.

2. The writ petition, accordingly, stands disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar bbr To 1.The Commissioner, Hindu Religious and Charitable Endowment Department, Uthamar Gandhi Road, (Nungambakkam High Road) Chennai-600 034.

2.The Commissioner, Corporation of Chennai, Ripon Buildings, Chennai-600 003.

3.The Member Secretary, Chennai Metropolitan Development Authority (CMDA) Gandhi Irwin Road, Chennai-600 008.

+1cc to Mr.R. Arunmozhi, Advocate, S.R.No.63970 +1cc to Mr.A. Rabumonohar, Advocate, S.R.No.63977 +1cc to Mr. C. Johnson, Advocate Sr.No.64004 +1cc to the Government Pleader, S.R.No.63877 vsn (CO) md (15/11/2016) W.P.No.26174 of 2014