ARULMIGU VIRUDHAGIRISWARAR TEMPLE, REP. BY ITS EXECUTIVE OFFICER, VIRUDHACHALAM Vs. COMMISSIONER, MUNICIPALITY OFFICE, VIRUDHACHALAM

JUDGEMENT

(1.) The Petitioner/Temple has preferred the instant Writ Petition praying for passing of an order by this Court in directing the 1st Respondent/Commissioner, Municipality Office, Virudhachalam to demolish the construction unauthorisedly carried out by the 4th Respondent in the temple land in Survey No.124/1, Anna Street, Pudupet, Virudhachalam, measuring an extent of 4400 square feet. Further, the Petitioner has sought an order by this Court in directing the Respondents 1 to 3 to withdraw the electricity, water and sewerage connection, if any given to the 4th Respondent, in respect of the property. Also, the Petitioner has sought a relief of Interim Injunction being passed against the 4th Respondent from putting up any further construction in the temple land in survey number mentioned supra, pending disposal of the Writ Petition.

(2.) According to the Petitioner/Temple, the father of the 4th Respondent took 1375 sq. ft. of land for rent from the temple and that the 4th Respondent took 1375 sq. ft. of land on rent from the Petitioner/Temple in Survey No.124/1, Anna Street, Pudupet, Virudhachalam. The 4th Respondent is paying only a sum of Rs.167.00 as rent in respect of the land to the Petitioner/Temple. As a matter of fact, the 4th Respondent does not have any right or authority to put up any construction in the property taken on lease by him from the temple without the written authority of the Petitioner/temple as well as the H.R. and C.E. Administration.

(3.) In this fact situation, during 1st Week of May, 2015, the 4th Respondent started putting up construction of a house in the landed property belonging to the Petitioner/Temple. When the Petitioner/Temple caused an enquiry with the 1st Respondent/Commissioner, Office of the Virudhachalam Municipality, the officials of the Municipality refused to part with any information as to whether any permission was obtained by the 4th Respondent for putting up the construction in the temple land.