Arulmigu Prasanna Venkatesa Perumal Thirukoil v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19-06-2026
CORAM
THE HONOURABLE MR JUSTICE M.DHANDAPANI WP No. 23252 of 2026 and WMP.No.25219 of 2026 Arulmigu Prasanna Venkatesa Perumal Thirukoil No.80, Perumal Koil Street, Kottur Chennai 600 085, Rep. by its executive Officer, K.Senthil Petitioner(s) Vs
1. The commissioner Corporation of Chennai, Ripon Building, Chennai-600 003 2.The Zonal officer, Zone X Corporation of Chennai, Lattice Bridge Road, Adyar, Chennai-600 020 3.The Executive Engineer Corporation of Chennai, Lattice Bridge Road, Adyar, Chennai-600 020 4.The Assistant Engineer Corporation of Chennai, Lattice Bridge Road, Adyar, Chennai-600 020 Respondent(s) PRAYER: Petition filed under Article 226 of Constitution of India, forbearing the respondents from interfering with the peaceful possession of the lands of the petitioner Temple situated in Survey No.44/Part, T.S. No.57, Block No.22, Kottur Village, Chennai.
For Petitioner:
Mr.P.Wilson Topaz for M/s.A.S.Kailasam and Associates For Respondent:
Ms.P.T.Ramadevi
ORDER
By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.
2. This writ petition has been filed forbearing the respondents from interfering with the peaceful possession of the lands of the petitioner Temple situated in Survey No.44/Part, T.S.No.57, Block No.22, Kottur Village, Chennai.
3. It is the case of the petitioner that the petitioner temple is in peaceful possession of the subject land, however, the respondents Corporation is attempting to lay a public road over the portion of land. Several residents in Perumal Koil Street filed a suit in O.S.No.4779 of 2009 on the file of the learned VII Assistant City Civil Court, Chennai against the petitioner temple and the Corporation seeking property rights with respect to the ingress and egress of their residence. The said suit was partly decreed in favour of the plaintiff therein, against which, the plaintiff therein filed appeal in A.S.No.183 of 2024 on the file of the learned XVIII Additional City Civil Court, Chennai. In which, the temple petitioner has filed Cross Appeal in Cross Appeal No.223/2025. Hence, this writ petition seeking forbearing the respondents from interfering with the peaceful possession of the lands of the petitioner Temple situated in Survey No.44/Part, T.S. No.57, Block No.22, Kottur Village, Chennai.
4. The learned counsel for the petitioner submitted that this Court may
grant liberty to the petitioner to file an Interlocutory Application in the Cross Appeal on the file of the learned XVIII Additional City Civil Judge, Chennai and dispose of the same in the manner known to law.
5. Heard both sides and perused the materials placed on record.
6. Considering the facts and circumstances of the case, this Court without going into the merits of the case grants liberty to the petitioner to file an Interlocutory Application before the learned XVIII Additional City Civil Judge, Chennai and the learned XVIII Additional City Civil Judge, Chennai shall dispose of the same on merits and in accordance with law.
7. Accordingly, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition stands closed. 19-06-2026 dhk Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The commissioner Corporation of Chennai, Ripon Building, Chennai-600 003 2.The Zonal officer, Zone X
Corporation of Chennai, Lattice Bridge Road, Adyar, Chennai-600 020 3.The Executive Engineer Corporation of Chennai, Lattice Bridge Road, Adyar, Chennai-600 020 4.The Assistant Engineer Corporation of Chennai, Lattice Bridge Road, Adyar, Chennai-600 020
M.DHANDAPANI J.
dhk WP No. 23252 of 2026 19-06-2026