E. PALANI Vs. PRINCIPAL SECRETARY

JUDGEMENT

(1.) The writ petition has been filed seeking a direction to respondents to demolish the unauthorized construction by the 15th respondent temple and nearby. The prayer is also to withdraw electricity and water supply and sewerage connection to the unauthorized construction.

(2.) The learned Standing Counsel appearing for the respondent W.P.No.945 of 2021 Corporation submits that the land on which the construction has been made belongs to the temple itself. The allegation of encroachments in the land in question is denied. It is further submitted that renovation was undertaken in the temple and the respondent Corporation initiated action against them. The temple filed a writ petition in W.P.No.35921 of 2015 before this Court. The said writ petition was allowed by the First Bench of this Court by order dtd. 3/1/2017 wherein it was recorded that the building was under renovation, however, without planning permission and that no new construction had been made. Therefore, a direction was given to the respondent Corporation to inform the temple as to what would be the requirement to be fulfilled for renovation of the building and upon furnishing such information, the temple should take necessary steps to fulfill their obligations within a month thereafter.

(3.) The temple was required to fulfill the formalities so as to take action under Sec. 113 of the Tamil Nadu Town and Country Planning Act. In any case, the allegation of encroachment has been specifically denied by the learned Standing Counsel appearing for the respondent Corporation. Rather, according to her, the land belongs to the temple.