D.Shanmugadurai v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.04.2024

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD WMP No.21343 of 2019 D.Shanmugadurai .. Petitioner -vs1. The District Collector, Thiruvallur District, Thiruvallur.

2. The Commissioner, Avadi Municipal Corporation, Avadi, Thiruvallur District.

3. The Tahsildar, Avadi Taluk, Thiruvallur District.

4. Kanniyappan .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 08.07.2019 and to take necessary action to remove/demolish the Radha Rukmani Sametha Venugopalsamy temple, Raja Chowdry Street, Govardhanagiri, Avadi Taluk, Thiruvallur District.

For Petitioner :

Mr.A.G.Rajakumar For Respondent :

Mr.K.Karthik Jegannath Govt. Advocate for RR 1 and 3 :

Mr.P.Srinivas Stdg. Counsel for R-2 :

Mr.S.Silambu Selvan for R-4 * * * * *

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.A.G.Rajakumar, learned counsel for the petitioner, Mr.K.Karthik Jegannath, learned Government Advocate for respondents 1 and 3, Mr.P.Srinivas, learned standing counsel for respondent No.2 and Mr.S.Silambu Selvan, learned counsel for respondent No.4.

2. The prayer is to demolish the temple.

3. The learned counsel for the petitioner submits that the temple is illegally constructed on the street.

4. The learned Government Advocate submits that the subject land was earlier classified as Natham land. Subsequently, during Town Survey in the year 1990, the same is classified as Chowdry street. However, the temple is in existence for more than 60 years.

5. It appears from the contention of the learned Government Advocate that the road is classified much later to the temple in existence.

In light of that, the writ petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

(S.V.G., CJ.) (J.S.N.P., J.) 12.04.2024 Index : Yes/No : Yes/No sra

THE HON'BLE CHIEF JUSTICE AND J.SATHYA NARAYANA PRASAD, J.

(sra) To

1. The District Collector, Thiruvallur District, Thiruvallur.

2. The Commissioner, Avadi Municipal Corporation, Avadi, Thiruvallur District.

3. The Tahsildar, Avadi Taluk, Thiruvallur District.

12.04.2024