Sembaruthi Magalir Sangam v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.10.2015

CORAM

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE T.S.SIVAGNANAM W.P.No.33130 of 2015 and M.P.No.1 of 2015 Sembaruthi Magalir Sangam, rep. by its Secretary G.Usha, 29, Arayapakkam village, Kilavalam post, Madurantakam Taluk, Kanchipuram.

.. Petitioner -vs1.The District Collector, Collectorate, Kanchipuram.

2.The Hindu Religious & Charitable Endowments Department, rep. by its Commissioner, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai-600 034.

3.A.Srinivasan .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the first respondent to take immediate action to remove the temple illegally constructed by the third respondent in lands comprised in S.Nos.36, 48, 49, 51, 52, 53, 54, 65 & 67 and in the boundaries of Arayapakkam village and Janakipuram Panchayat, Madurantakam Taluk, Kanchipuram District.

For Petitioner : Ms.B.V.Sailakshmi For Respondents : Mr.STS.Moorthy Government Pleader assisted by Mr.V.R.Kamalanathan, Addl. GP Mr.V.Shanmugasundar Government Advocate for R1 & R2 https://hcservices.ecourts.gov.in/hcservices/

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) The petition is predicated on the fact alleged that the temple has been constructed in the poramboke lands and in the railway lands. The learned Government Pleader states that he has verified the records and produced the revenue records to show that the land is privately owned. Representations were made by the petitioner on 17.12.2013, 18.12.2013 and 26.12.2013 and after that no representation has been made.

2. A reading of the writ petition shows that this is really in the nature of a private dispute, which is sought to be given the colour of Public Interest Litigation.

3. The writ petition is dismissed.

No costs.

Consequently, M.P.No.1 of 2015 is closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar bbr To 1.The District Collector, Collectorate, Kanchipuram.

2.The Commissioner, Hindu Religious & Charitable Endowments Department, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai-600 034.

+1cc to the Government Pleader, S.R.No.57750 CA(CO) EU(30/10/2015) W.P.No.33130 of 2015 https://hcservices.ecourts.gov.in/hcservices/