← Library
Madras High CourtWP/476/2025disposed of

S.Vasantha v. The Commissioner

2025-01-09Honourable Mr Justice S. Sounthar7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 09.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR W.P.No.476 of 2025 and WMP No.566 of 2025

1. S.Vasantha

2. V.Shanmugavel

...Petitioners

Vs.

1. The Commissioner, Tamil Nadu Hindu Religious and Charitable Endowments Department, Nungambakkam, Chennai-34.

2. The Joint Commissioner, Tamil Nadu Hindu Religious and Charitable Endowments Department, A.D.Thangavelar Street, Kancheepuram 631 501. 3.The Assistant Commissioner, Tamil Nadu Hindu Religious and Charitable Endowments Department, Collectorate Buildings, Kancheepuram 631 501.

4. The Executive Officer (i/c), Arulmighu Chinthamani Vinayagar Vagaiyara Arulmighu Subramania Swamy Temple, Krishnan Street, Kancheepuram.

5. The Tahsildhar, Kancheepuram Taluk, Kancheepuram.

6. The Commissioner, Kancheepuram Corporation, Kancheepuram.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India seeking issuance of Writ of Mandamus forbearing the respondents 1 to 4 from in any manner extending the precinct of the Arulmighu Chinthamani Vinayagar Vagaiyara Arulmighu Subramania Swamy Temple, Krishnan Street, Kancheepuram or move the temple towards east and thereby not to affect the ingress and egress of the petitioner's house situate at 119AB, Krishnan Street, Pillaiyarpalayam Kancheepuram 631 501.

For Petitioner : Mr.D.Baskar For Respondents : Mr. S.Ravichandran, Addl.Govt.Pleader for respondents 1 to 4 Mr.Jeevagiridaran, Addl.Govt.Pleader for fifth respondent Mr.R.A.Gopinath, Standing Counsel for sixth respondent

ORDER

The petitioners herein seek to issue a writ of mandamus, forbearing the respondents 1 to 4 from in any manner extending the

precinct of the Arulmighu Chinthamani Vinayagar Vagaiyara Arulmighu Subramania Swamy Temple, Krishnan Street, Kancheepuram or move the temple towards east and thereby not to affect the ingress and egress of the petitioner's house situate at 119AB, Krishnan Street, Pillaiyarpalayam Kancheepuram 631 501.

2. It is the case of the petitioners that they are residing at door No.119AB, Krishnan Street, Pillaiyarpalayam, Kancheepuram 631 501 and their house is situated in 3 survey numbers, namely 1376/1B, 1376/2B and 1376/3B. On the western side of the petitioners' property, there is a public road called Krishnan Street. It is the claim of the petitioners that the afore said temple is situate in road portion, which is just opposite to the petitioners' properties. It is further stated by the petitioners that the fourth respondent made arrangements to extend the temple complex so as to affect the ingress and egress of the petitioners. Therefore, a representation was submitted by the petitioners to the respondents 1 to 3 requesting them not to extend the temple complex so as to affect the right of way available to the petitioner. The said representation was forwarded by the third respondent to the fourth

respondent by his proceedings in Na.Ka.No.3251/2024/E2/dated 22.10.2024 with a direction to the fourth respondent to submit a report. Apprehending that the temple complex will be extended by the fourth respondent, the petitioners have come before this Court with the above mentioned prayer.

3. Mr. S.Ravichandran, learned Additional Government Pleader takes notice for the respondents 1 to 4 and Mr.Jeevagiridaran, learned Additional Government Pleader takes notice for the fifth respondent and Mr.R.A.Gopinath, learned Standing Counsel takes notice for the sixth respondent.

4. The third respondent has already taken action on the basis of the representation submitted by the petitioners, by directing the fourth respondent to submit a report. Therefore, this court is not inclined to issue any positive direction to the respondents as prayed for at this juncture. However, the fourth respondent is directed to file a report to the third respondent, within a period of four weeks from the date of receipt of copy of this order and thereafter, the third respondent shall

issue notice to the petitioners and the fourth respondent and pass final orders on the representation submitted by the petitioners on its own merits, within a period of eight weeks from the date of receipt of report from the fourth respondent.

5. With the above direction, this writ petition is disposed of . There shall be no order as to costs. Connected miscellaneous petition is closed.

09.01.2025 (1/2) Index:Yes/No Internet:Yes/No mst To

1. The Commissioner, Tamil Nadu Hindu Religious and Charitable Endowments Department, Nungambakkam, Chennai-34.

2. The Joint Commissioner, Tamil Nadu Hindu Religious and Charitable Endowments Department, A.D.Thangavelar Street, Kancheepuram 631 501. 3.The Assistant Commissioner, Tamil Nadu Hindu Religious and Charitable Endowments Department, Collectorate Buildings, Kancheepuram 631 501.

4. The Executive Officer (i/c), Arulmighu Chinthamani Vinayagar Vagaiyara Arulmighu Subramania Swamy Temple, Krishnan Street, Kancheepuram.

5. The Tahsildhar, Kancheepuram Taluk, Kancheepuram.

6. The Commissioner, Kancheepuram Corporation, Kancheepuram.

S.SOUNTHAR, J.

mst 09.01.2025 (1/2)