M. MOHAN Vs. STATE

JUDGEMENT

(1.) By consent, the writ petition is taken up for final disposal.

(2.) The petitioner who claims to be a resident of Door No. 14/27, 8th Cross Street, Trustpuram, Kodambakkam, Chennai - 600 024 has stated that there is a 20 feet road in one corner portion of the street, one temple viz., Sri. Sakthi Mariamman Temple is in existence for the last 56 years and the extent of temple is 10.12 Sq.m (4.60x2.20m) which is located in Town Survey No. 31, Block No. 26, in puliyur village, Trustpuram, Kodambakkam, Chennai - 24 and people praising Hindu faith are worshipping in the temple. It is further avered by the petitioner that one Mr. Anandraj had purchased the property bearing Door No. 89/22, 8th Cross Street, Trustpuram, Kodambakkam, Chennai - 600 024 on 13.12.2002 and put up a superstructure without obtaining necessary planning permission from the concerned authority and encroached into the public street to an extent of 5 feet and on account of the same, he started causing hindrance for ingress and regress to the temple and in this regard, he has filed W.P. No. 2303 of 2015 praying for a writ of mandamus directing the Commissioner, Corporation of Chennai, Rippon Building, Chennai -3 and the Inspector of Police, R2 Police Station, Kodambakkam, Police Station, Chennai - 24 to demolish Sri. Sakthi Mariamman Temple and the said writ petition came to be disposed of by this Court vide order dated 16.02.2015, directing the 2nd respondent to consider and pass a speaking order, after giving notice to all concerned and accordingly, opportunity of hearing were given to all the respective parties. Thereafter, the Zonal Officer, Zone IX, Corporation of Chennai has issued a notice dated 01.10.2015 under Section 220 r/w Section 222 of the Chennai City Municipal Corporation Act, 1919 for demolition of the said temple and challenging the same, the petitioner herein filed W.P. No. 35446 of 2015. Taking into consideration of all the relevant facts and circumstances, this Court has directed the 2nd respondent herein to examine the question of removal of such religious construction in the light of the Government order and take consequential action and subject to the above observation, this Court has dismissed the writ petition. Thereafter, the 2nd respondent proceeded further and once again, issued a notice dated 31.03.2018 under Section 220 r/w Section 222 of the Chennai City Municipal Corporation Act, 1919 and challenging the legality of the same, the present writ petition is filed.

(3.) The learned counsel appearing for the petitioner would submit that the petitioner in WP No. 5274 of 2018 as well as her husband/petitioner in W.P. No. 2303 of 2015 are guilty of the fact that they had encroached upon the land to an extent of 5 feet and put up unauthorised construction and on account of the same, the alleged obstruction said to have been caused by them and since the temple is in existence for over 50 years and that it is not causing any hindrance to the free flow of traffic and further taking into consideration of the religious structure of the locality, prays for quashment of the impugned order.