Arulmigu Naganathar Krishnamoorthy Devasthanam v. The Karaikudi Municipality

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.07.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.15395 of 2024 Arulmigu Naganathar Krishnamoorthy Devasthanam, Rep by its Hereditary Trustee, N.Ramanathan.

... Petitioner Vs.

The Karaikudi Municipality, Rep by its Commissioner, Karaikudi, Sivagangai District.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records of the impugned notice in A.P.K.No.3/2024/F2 dated 18.07.2024 passed by the respondent and quash the same.

For Petitioner : Mr.RM.Arun Swaminathan For Respondent : Mr.D.Venkatesh, Standing Counsel.

ORDER

Heard both sides.

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2.The petitioner is a temple. They question the impugned notice issued by the local body. It appears that some minor repair and construction works were being carried out by the temple. Since it was done without permission, the impugned notice came to be issued.

3.If it is question of mere putting up of an asbestos sheet or tin roofing, then permission may not be required. If construction activities are envisaged, certainly permission from the respondent is required. The petitioner is permitted to submit a proper application to the respondent. As and when the same is received, I am certain that the respondent would favourably consider the same.

4.With this liberty to the petitioner and direction to the respondent, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

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G.R.SWAMINATHAN, J.

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