K.Boopathy v. Mr.Sampath

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.06.2016

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G. RAMESH and THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN Writ Petition No.19703 of 2016 K.Boopathy

...Petitioner

Vs.

1.Sampath Executive Officer Kachalishwara Temple Mannadi, Chennai-01 2.Sampath Executive Officer Malligeshwara Temple Mannady, Chennai-01 3.The Commissioner The Tamil Nadu Hindu Religious and Charitable Endowments Dept., 119, Uthamar Gandhi Salai Opp to Taj Coromandal Hotel Nungambakkam, Chenai-8 4.The Commissioner The Corporation of Chennai Rippon Buildings, Chennai-03 5.The Zonal Officer Chennai Corporation, Zone V, Ward 60 Mannadi, Chennai-1 6.The Chairman Chennai Metropolitan Development Authority No.1, Gandhi Irwin Road, Egmore Chennai-8 7.Anandha Vinayagar Temple Rep. By Executive Officer Thambu Chetty Street, Parrys, Chennai-600 001

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 4th respondent to remove the illegal construction made in petitioner's premises bearing Old Door No.152-A, present Door No.292, Thambu Chetty Street, George Town, Madras-01,bearing S.No.2315 New R.S.No.2898 constructed by 7th respondent under the guidance of 1st respondent.

For Petitioner : Mr.Veera Raghavan for Mr.R.Arun Kumar For respondents : Mrs.Rita Chandrasekar for R1 to R3 Mr.Arunmozhi, Standing counsel for R4 and R5 Mr.C.Johnson, Standing Counsel for R6.

O R D E R

(Order of the Court was made by HULUVADI G. RAMESH,J.) Heard the learned counsel for the petitioner, Mrs.Rita Chandrasekaran, learned counsel for respondents 1 to 3, Mr.Arunmozhi, learned Standing counsel for respondents 4 and 5, Mr.C.Johnson, learned Standing counsel for 6th respondent.

2. On the allegation of illegal construction of Temple Tomb of "Anandha Vinayakar Temple" by the 1st and 2nd respondents, close to the petitioner's premises bearing Old Door No.152-A, present Door No.292, Thambu Chetty Street, George Town, Madras1, the petitioner is before this Court stating that the erection of the temple tomb affects his easementary rights. The petitioner seeks a direction to the 4th respondent to remove the said illegal construction.

3. Since the issue involved herein viz., whether the construction of temple tomb by respondents 1 to 3 is carried out after following the rules or an illegal construction, is a disputed question of fact, the same has to be decided elsewhere, which involves question of fact finding. Hence, it is for the petitioner to establish his rights including easementary rights, if any, before the appropriate forum.

4. In the circumstances, there is no scope for entertaining this writ petition. Accordingly, the same is dismissed. No costs.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar nvsri To 1.The Commissioner The Tamil Nadu Hindu Religious and Charitable Endowments Dept., 119, Uthamar Gandhi Salai Opp to Taj Coromandal Hotel Nungambakkam, Chenai-8 2.The Commissioner The Corporation of Chennai Rippon Buildings, Chennai-03 3.The Zonal Officer Chennai Corporation, Zone V, Ward 60 Mannadi, Chennai-1 4.The Chairman Chennai Metropolitan Development Authority No.1, Gandhi Irwin Road, Egmore Chennai-8 +1 cc to M/s.R.Arunkumar Advocate sr.31601 +1 cc to M/s.C.Johnson Advocate sr.31790 +1 cc to M/s.A.Nagarajan Advocate sr.31662 +1 cc to Government Pleader sr.32299 W.P.No.19703 of 2016 aa28/06/2016