Parteepan Sankar v. Directorate Of Municipal Administration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.06.2025
CORAM
THE HONOURABLE MRS. JUSTICE J.NISHA BANU AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN W.P.No.21144 of 2025 and WM.P.No.23871 o 2025 Parteepan Sankar S/o Mani Rao
...Petitioner
Vs.
1. Directorate of Municipal Administration, 75, Urban Administrative Building, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai - 600 028
2. The Additional Chief Secretary/ Commissioner of Revenue Administration, Commissionerate of REvenue Administration, Ezhilagam, Chepauk, Chenai - 600 005.
3. The District Collector, Master Plan Complex, Thiruvarur - 610 004.
4. The Commissioner, Mannargudi Municipality, Mannargudi-614 001.
5. The Tahsildar, Taluk Office,
6. Mrs.Gomathi, W/o Singaravelu, Azad Street, ... Respondents Prayer: Writ Petition filed under Article 226 of th Constitution of India seeking to issue a Writ of Mandamus to direct the 4th respondent to demolish the unauthorized construction at T.S.No.3540 Ward 1 Block No.56, Azad Street, Mannargudi, bearing put by the 6th respondent. For Petitioner : Mr.T.R.Sathiyamohan For Respondents : Dr.T.Sreenavasan, Spl.Govt.Pleader for R1 Mr.P.Srinivas, Standing Counse for R4 Mr.M.Venkateswaran, Spl.Govt.Pleader for R2,R3 & R5
ORDER
(The order of the Court was made by J.Nisha Banu,J.) This writ petition has been filed to direct the 4th respondent to demolish the unauthorized construction at T.S.No.3540 Ward 1 Block No.56, Azad Street, Mannargudi, put by the 6th respondent.
2. The case of the petitioner is that he is the hereditary trustee of Sri Dharma Raja and Sri Drowpathi Amman Temple situated at T.S.No.3540, ward No.1, Block No.56, Azd Street, Mannargudi, Thiruvarur District, measuring an extent of 6,237 sq.t., classified as government poramboke temple land. The petitioner being a trustee is duty
bound to preserve the Temple's immovable properties from unlawful encroachments and construction. The 6th respondent has illegally occupied approximately 2,800 sq.ft. on the southern side of the temple. Despite several letters to the 4th respondent, no action was taken. On 24.09.2024, the Tamil Nadu Local Bodies Ombudsman, Chennai, after hearing both parties, issued a binding direction to the 4th and 5th respondents to coordinate with the relevant authorities and expedite demolition of the unlawful structure. Despite the direction from Ombusman, no steps were taken by the authorities to remove the encroachment. The petitioner has also given a representation to the 1st to 5th on 07.05.2025 but so far, no action was taken as against the 6th respondent. Hence, the present writ petition.
3. Heard the learned counsel for the petitioner, the learned Special Government Pleaders appearing for R1, R2, R3 & R5, the learned Standing Counsel appearing for the 4th respondent and perused the materials available on record.
4. Though the petitioner has come out with a larger prayer, the learned counsel for the petitioner would state that it would be suffice if the 4th and 5th respondents are directed to dispose of the representation of the petitioner dated 07.05.2025. Accordingly, without going into the merits of the claim made by the petitioner, we direct the 4th and 5th respondents to
consider the petitioner's representation dated 07.05.2025 and pass orders on the same on merits and in accordance with law, after giving opportunity of personal hearing to the petitioner as well as the 6th respondent and to take appropriate action in the manner known to law within a period of eight weeks from the date of receipt of a copy of this order. Accordingly, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
[J.N.B.,J.] [M.J.R.,J.] 16.06.2025 vsi Speaking order/Non-speaking order To
1. Directorate of Municipal Administration, 75, Urban Administrative Building, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai - 600 028
2. The Additional Chief Secretary/ Commissioner of REvenue Administration, Commissionerate of REvenue Administration, Ezhilagam, Chepauk, Chenai - 600 005.
3. The District Collector, Master Plan Complex, Thiruvarur - 610 004.
4. The Commissioner, Mannargudi Municipality, Mannargudi-614 001.
5. The Tahsildar, Taluk Office, J.NISHA BANU,J.
AND
M.JOTHIRAMAN,J.
vsi 16.06.2025