Dr.K.J.Renuka v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19-06-2025
CORAM
THE HONOURABLE MRS JUSTICE J. NISHA BANU AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN W.P No. 21714 of 2024 Dr.K.J.Renuka ... Petitioner Vs.
1. The Commissioner, Greater Chennai Corporation, Ripon Buildings, Park Town, Chennai 600 003.
2. The DRO/Zonal Officer, Zone-10, Greater Chennai Corporation, No.117, NSK Salai, Kodambakkam, Chennai 600 024.
3. The Special Officer, Chief Minister's Special Cell, Secretariat, Fort St. George, Chennai 600 009.
4. Sri Prasanna Venkata Narasimha Perumal Temple, rep. by its present Managing Trustee, A.Madanagopal, Perumal Koil Street, Saidapet, Chennai 600 015.
5 . Mrs.M.Devaki, w/o A.Madhanagopal Chettiar, New No.10, Old No.26,Rangabashyam Street, West Saidapet, Chennai 600 015.
... Respondents
PRAYER: Writ petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 and 2 to conduct enquiry on the basis of letter No.5688/MA1/2023-1, dated 18.05.2023. For Petitioner(s):
Mr.R.Thanigai Arasu For Respondent(s):
Mr. Arunbabu, Standing Counsel For R1 and R2 Mr. M.Venkateswaran, Special Government Pleader for R3 - - - - -
ORDER
(Order of the Court was made by J.NISHA BANU, J.) The present Writ Petition is filed seeking to issue a Writ of Mandamus, directing the respondents 1 and 2 to conduct enquiry on the basis of letter No.5688/MA1/2023-1, dated 18.05.2023
2. It is the case of the petitioner that the 4 th respondent temple is a Religious Denominational Nature Temple founded and exclusively administered by the Members of Balija Chetty Community of Saidapet. The land at Old No.26, New No.10, Rangabashyam Street, Saidapet is belonged to the 4 th respondent, wherein, her husband, who is the present Managing Trustee of the said temple had constructed illegal and unauthorised construction to the extent of 3000 sq.ft., without plan and permission. The petitioner has given a
representation dated 20.04.2023 to the respondents, for which reply letters dated 18.05.2023 and 19.06.2023 were given to the petitioner stating that they came to know the land belongs to the said temple and action will be taken after receiving reply from them. Thereafter, the respondents 1 and 2 have not taken any action against the 4 th respondent and hence the petitioner filed W.P.33374 of 2023 to take action against her. However, since the said writ petition was filed without impleading the temple, it was dismissed on that technical ground alone, with liberty to file a fresh writ petition. The petitioner also constructed four shops in front of her property, without plan and permission. Hence this writ petition.
3. The learned Standing counsel appearing for the first and second respondent submitted that already action has been initiated and after getting reply from the 5 th respondent, necessary action will be taken against her in accordance with law.
4. The learned Special Government Pleader appearing for the third respondent filed counter stating that the third respondent is only a grievances redressal forum, who upload and scan the complains received from the public and forward the same to the concerned departments for taking necessary steps. Hence, this respondent is not a necessary party to this writ petition and hence, the writ petition is liable to be dismissed as against the third respondent.
5. It is an admitted fact that already action has been initiated by the authorities concerned against the 5th respondent with regard to the building constructed by her deviating the approved plan by giving show cause notice to her. Further, it is seen from the reply given by the Revenue authorities to the petitioner for the queries made by her under the Right of Information Act that the building constructed in the land by the 5th respondent belonged to the 4th respondent temple. Therefore, the respondents 1 and 2 are directed to take necessary action with regard to the construction made by the 5th respondent in the manner known to law, after affording opportunity of personal hearing to the petitioner as well as the 5 th respondent and also to all the interested parties and pass orders, within a period of eight weeks from the date of receipt of a copy of this order.
6. With the above observations and directions, this writ petition is disposed of. There shall be no order as to costs. (J.N.B.J.) (M.J.R.J.) 19.06.2025 mst
To
1. The Commissioner, Greater Chennai Corporation, Ripon Buildings, Park Town, Chennai 600 003.
2. The DRO/Zonal Officer, Zone-10, Greater Chennai Corporation, No.117, NSK Salai, Kodambakkam, Chennai 600 024.
3. The Special Officer, Chief Minister's Special Cell, Secretariat, Fort St. George, Chennai 600 009.
4. Sri Prasanna Venkata Narasimha Perumal Temple, rep. by its present Managing Trustee, A.Madanagopal, Perumal Koil Street, Saidapet, Chennai 600 015.
5 . Mrs.M.Devaki, w/o A.Madhanagopal Chettiar, New No.10, Old No.26,Rangabashyam Street, West Saidapet, Chennai 600 015.
J.NISHA BANU, J.
AND M.JOTHIRAMAN, J.
mst W.P.No.21714 of 2024 19/06/2025