Swami Sri Muruganantha Saraswathy v. Government Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.07.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P(MD)No.14239 & 14240 of 2025 Swami Sri MurugananthaSaraswathy, The Managing Trustee of Sri Vaishnavi Devi Devasthanam, No.5, 1st Cross Street, Vaishnavipuram, ... Petitioner Vs.

1.Government of Tamil Nadu, Represented by its Secretary, Fort St.George, Chennai.

2.The District Collector, Virudhunagar District, Virudhunagar.

3.The Assistant Engineer, Water Resources Organization, 1/4

MelvaipaaruVadinilaUpakottam, ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned notice of the third respondent dated 11.06.2025 in Letter No.Ko. 14/2025/Vu.Po(Thiruvi) and to quash the same as illegal and consequently directing the third respondent to permit the petitioner to usage of the temporary culvert for the purpose of till the complete of work of the construction in the Sri Vaishnavi Devi Devasthanam Temple and quash the same is illegal. For Petitioner : Mr.M.Ramkumar For Respondents : Mr.S.Vinodh Government Advocate

ORDER

Heard both sides.

2.The petitioner is putting up a temple in Sivanthipatti Village. In order to transport construction materials across the channel that is flowing through the area, the petitioner on his own laid a road. Of course, he has been careful enough to put up two pipe like structures to ensure the free flow of water but the petitioner cannot do so on his own. He ought to have obtained 2/4

permission form the third respondent. That is why the third respondent rightly issued the impugned notice calling upon the petitioner to remove the said construction.

3.We are not inclined to interfere with the impugned communication. We, however, grant liberty to the petitioner approach the authorities concerned and obtain permission.

4.This Writ Petition is dismissed with the aforesaid liberty. There shall be no order as to costs. Consequently, connected miscellaneous petition are closed.

[G.R.S., J.] [B.P., J.] 10.07.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA To 1.The Secretary, Government of India, Fort St.George, Chennai.

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G.R.SWAMINATHAN, J and B.PUGALENDHI, J.

MGA 2.The District Collector, Virudhunagar District, Virudhunagar.

3.The Assistant Engineer, Water Resources Organization, MelvaipaaruVadinilaUpakottam, 10.07.2025 4/4