Arulmighu Thiruvalleeswarar v. The Commissioner Corporation Of Chennai

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.28361 of 2019 Arulmigu Thiruvalleeswarar Thirukoil, rep. by its Executive Officer, Padi, Chennai-600 050 .. Petitioner -vs1.The Commissioner, Ripon Buildings, Chennai-600 003.

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

3.R.Sagadevan 4.D.Hariharan .. 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 03.09.2018 in respect of the unauthorized construction by the fourth respondent on land measuring 3280 sq. ft. comprised in Survey No.303, bearing Door No.7, Nammalvar Street, Jagadambigai Nagar, Padi, Chennai-600 050.

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.4 - D.Hariharan.

2. The learned counsel for the petitioner, Mr.Sriram, submits that though the petitioner - Temple has filed a Civil Suit in O.S.No.253 of 2018 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 Nos.3 and 4 (R.Sagadevan and D.Hariharan residing at No.7, Nammalvar Street, Jagadambigai Nagar, Padi, Chennai-600 050), who are 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.28046 of 2019 is closed. Sd/- Assistant Registrar (CCC) //True Copy// Sub Assistant Registrar bbr To:

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

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

+1cc to Mr. AS.Kailasam Associates, Advocate, S.R.No. 82752 +1cc to Dr.C.Ravichandar, Advocate, S.R.No. 82654 W.P.No.28361 of 2019 AP(CO) GN(31/10/2019)