Madras High CourtWP/28310/2019disposed of

Arulmigu Thiruvalleeswarar Thirukoil, v. The Commissioner

2019-09-26Honourable The Acting Chief Justice,Honourable Mr Justice C. Saravanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.09.2019 CORAM :

THE HON'BLE DR.VINEET KOTHARI, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE C.SARAVANAN W.P.No.28310 of 2019 Arulmigu Thiruvalleeswarar Thirukoil, rep. by its Executive Officer, Padi, Chennai-600 050 .. Petitioner -vs1.The Commissioner, Corporation of Chennai, Ripon Buildings, Chennai-600 003.

2.The Assistant Engineer, Zone VII, Corporation of Chennai, Ambattur, Chennai-600 053.

3.Punithavathy .. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondents 1 and 2 to take action based on the representation dated 02.04.2019 in respect of the unauthorized construction by the third respondent on land measuring 3600 sq. ft. comprised in Survey No.218, bearing No.168, Thirugnnanasambandar Street, Thiruvalleeswarar Nagar, Padi, Chennai-600 050 pending disposal of the writ petition.

For Petitioner : Mr.Sriram for M/s.A.S.Kailasam and Associates For Respondents : Dr.C.Ravichandran Standing Counsel for respondent Nos.1 and 2

ORDER

(Order of the Court was made by The Hon'ble Acting Chief Justice) The petitioner, Arulmighu Thiruvalleeswarar Thirukoil, has filed this writ petition in this Court complaining against the alleged unauthorised construction being raised by respondent No.3 - Punithavathy.

2. The learned counsel for the petitioner, Mr.Sriram, submits that though the petitioner - Temple has filed a Civil Suit in O.S.No.121 of 2019 in the Court of District Munsif at Ambattur, but since the Corporation of Chennai is not a defendant in the said Civil Suit, the private respondent No.3 (Punithavathy, residing at No.168, Thirugnanasambandar Street, Thiruvalleeswarar Nagar, Padi, Chennai-600 050), who is raising construction on the land in question encroaching the petitioner - Temple's land should be injuncted and refrained from raising any construction there.

3. Dr.C.Ravichandran, learned Standing Counsel, appears on behalf of respondents 1 and 2 - Corporation of Chennai.

4. Heard the learned counsels for both sides.

5. We are of the opinion that since the petitioner has already availed the remedy of the Civil Suit, the petitioner should pray for additional reliefs as claimed in the present writ petition in the said suit only. If necessary, the Corporation of Chennai can be impleaded in the aforesaid Civil Suit by filing an amendment application and in case, any such amendment application is filed, the trial Court shall consider the same and pass appropriate orders thereon.

6. With these observations, the writ petition is disposed of. No costs. Consequently, W.M.P.No.27986 of 2019 is closed. Sd/- Assistant Registrar(CCC) //True copy// Sub Assistant Registrar bbr

To:

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

2.The Assistant Engineer, Zone VII, Corporation of Chennai, Ambattur, Chennai-600 053.

+1cc to M/s.A.S.Kailasam and Associates, Advocate SR.No.82753 +1cc to Mr.Dr.C.Ravichandran, Advocate SR.No.82656 W.P.No.28310 of 2019 NR(CO) GMY(05/11/2019)