Dr. K.J. Renuka v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.06.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.S. SUNDAR AND THE HONOURABLE MR. JUSTICE N. SENTHILKUMAR 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.M.Devaki ... Respondents [R4 impleaded as per order dated 01.04.2024 in

W.M.P.No.34661 of 2023 in W.P.No.33374 of 2023] Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to conduct the enquiry on the basis of the Letter No.5688/MA1/2023-1, dated 18.05.2023. For Petitioner :

Mr.R.Thanigaiarasu For R1 and R2 :

Mr.D.B.R.Prabhu Standing Counsel For R3 :

Mr.G.Nanmaran Special Government Pleader For R4 :

Mr.B.Jawahar

O R D E R

(Order of the Court was made by S.S. SUNDAR, J.) This writ petition is filed for issuance of a Writ of Mandamus to direct the respondents to conduct the enquiry on the basis of the letter of the petitioner.

2.The case of the petitioner is that one Madanagopal, who is the Managing Trustee of the Temple known as Sri Prasanna Venkata Narasimha

Perumal Temple, Saidapet Chennai, has illegally constructed an unauthorised structure with three floors and that action should be taken for demolition of the entire strcuture put up by the Trustee. 3.The petitioner has neither impleaded the Trustee nor the Temple. In such circumstances, this writ petition is liable to be dismissed on the ground of non-joinder of necessary parties. Accordingly, this writ petition is dismissed only on this technical ground, since the respondents are required to take action against third parties. The writ petition though dismissed, liberty is preserved to the petitioner to file a proper writ petition impleading all the necessary and proper parties. No costs. (S.S.S.R., J.) (N.S., J.) 06.06.2024 mkn Internet : Yes Index : Yes / No

S.S. SUNDAR , J.

and N. SENTHILKUMAR, J.

mkn 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.

06.06.2024