LAWS(MAD)-2019-1-19

VASANTHA KUMAR @ VEER VASANTHAKUMAR Vs. DIRECTOR

Decided On January 03, 2019
Vasantha Kumar @ Veer Vasanthakumar Appellant
V/S
DIRECTOR Respondents

JUDGEMENT

(1.) The petitioner has filed the above Writ Petition as a Public Interest Litigation to issue a Writ of declaration to declare the approval of the layout bearing DTCP No.351/73 granted by the 2nd respondent in favour of 10th respondent and declaring the DTCP No.351/73 layout as null and void and direct the respondents 1 to 8 to demolish the existing structure raised by the respondents 10 to 13 illegally based upon the above said unlawful approval granted to him, which construction situated in Survey No.392/12 measuring and extent of Ac 0.20 cents and another property measuring an extent of Ac 0.66 cents comprised in Survey No.392/11 and Survey No.392/12 situated at S.Kolathur, Madipakkam, Sholinganallur Taluk.

(2.) It is the case of the petitioner that the above mentioned property belongs to Ponniamman Temple, which is under the control of the 4th respondent. Further, the petitioner contended that the respondents 10 to 13 had encroached the Temple land and are putting up construction.

(3.) The learned counsel appearing for the respondents 10 to 13 submitted that the petitioner has already filed a Civil Suit in O.S.No.534 of 2017 on the file of the Additional District Munsif Court, Alandur for permanent injunction restraining the defendants from claiming any right in respect of the suit property and from ever evicting the petitioner from the suit property without following due process of law.