E GANESAN AND ORS Vs. COMMISSIONER, KANCHIPURAM MUNICIPALITY AND CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT

JUDGEMENT

(1.) Writ Petition is filed praying to issue a Writ of Mandamus, not to demolish the temple or any superstructure attached thereto namely Sri Karpaga Vinayagar Kannappa Vinayagar Thirukkoil, situated at Ekambaranathar Koil North Mada Street, Big Kanchipuram.

(2.) Mr. P. Srinivas, learned Counsel, appears on behalf of the first Respondent. Mr. S. Shivashanmugam, learned Government Advocate, appears on behalf of the second Respondent. By consent of both parties, the writ petition is taken up for disposal.

(3.) Petitioners claimed to be the residents of Ekambaranathar Temple North Mada Street, Kancheepuram. They claimed that they have renovated the temple, viz., Arulmigu Sri Karpaga Vinayagar, Kannappa Vinayagar Temple" which is situated on the said street. It is the apprehension of the Petitioners that the first and the second Respondents are trying to remove the temple stating that it is encroached into the road margin. In this regard, Petitioners have sent a legal notice dated 15.2.2011 to the first Respondent.