Selliamman Nagar South v. The District Collector,
In the High Court of Judicature at Madras Dated : 24.11.2015 Coram :
The Honourable Mr.Justice T.S.SIVAGNANAM Writ Petition No.37323 of 2015 and M.P.No.1 of 2015 Selliamman Nagar South Residents welfare Sangam Reg No.157/ 1998 Rep. by its President, Chennai.
...Petitioner
Vs.
1.The District Collector, Kancheepuram.
2.The Revenue Divisional Officer, Tambaram.
3.The Tahsildar, Alandur.
4.The Village Administrative Officer, Thiruneermalai, Chennai.
5.The Divisional Engineer, Tamil Nadu Electricity Board, Tambaram, Chennai-45.
6.The Assistant Engineer, Tamil Nadu Electricity Board, New Colony, Chrompet, Chennai-44.
7.Arulmigu Sri Selliamman Temple Trust rep. by Administrator Mr.G.Jothi
...Respondents
PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus forbearing respondents 1 to 6 not to issue NOC or recognize the 7th respondent Trust to construct shops or buildings or provide electricity connection for the building and vacant land in and around the Selliamman Temple at Selliamman Nagar, Tambaram Sanatorium, Chennai in the name of the 7th respondent Trust or its Trustees.
https://hcservices.ecourts.gov.in/hcservices/
(2) For Petitioner : Mr.A.Suresh Sakthi Murugan For Respondents 1 to 3 : Mr.P.Sanjay Gandhi, AGP
ORDER
Mr.P.Sanjay Gandhi, learned Additional Government Pleader takes notice for respondents 1 to 3. Heard the learned counsel for the petitioner.
2. The above writ petition is clearly an internal dispute between the members of the petitioner association and the seventh respondent in respect of an alleged right over a temple, which has been constructed in a residential layout. To maintain the writ petition, the official respondents have been impleaded as respondents 1 to 6. Therefore, if the petitioner has a specific grievance against the seventh respondent, they have to necessarily approach the civil court and the writ petition is not a proper remedy.
3. Hence, the writ petition is dismissed as not maintainable, however, leaving it open to the petitioner to approach the appropriate forum. No costs. Consequently, the above MP is also dismissed.
RS Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 1.The District Collector, Kancheepuram.
2.The Revenue Divisional Officer, Tambaram.
3.The Tahsildar, Alandur.
4.The Village Administrative Officer, Thiruneermalai, Chennai. 5.The Divisional Engineer,Tamil Nadu Electricity Board,Tambaram,Chennai-45 6.The Assistant Engineer, Tamil Nadu Electricity Board, New Colony, Chrompet, Chennai-44.
+ 1 cc to Mr.A.Suresh Sakthi Murugan, Advocate Sr 63951. + 1 cc to The Govt. Pleader, Sr 63737.
VSN/CO KR/15/12 WP.No.37323 of 2015 and MP.No.1 of 2015 https://hcservices.ecourts.gov.in/hcservices/