The petitioner challenged a Panchayat resolution via writ petition seeking the removal of a temple. The headline court dismissed the petition, holding it was a private dispute with a pending civil suit and lacked public interest litigation elements.
The writ petition for issuance of Certiorari and Mandamus is dismissed. M.P.No.1 of 2015 is closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.06.2015
CORAM
THE HON'BLE Mr.SANJAY KISHAN KAUL, CHIEF JUSTICE
and
THE HON'BLE Mr.JUSTICE T.S.SIVAGNANAM
W.P. No.17493 of 2015
R.S.Anandan - Naicker ... Petitioner Versus 1.The President Poonamallee Panchayat Union, Poonamallee, Thiruvallur District. 2.The President Kattupakkam Panchayat Grade-I, Kattupakkam Village, Mount Poonamallee High Road, Chennai 600 056. 3.Rajendran President Arulmigu Sri Selva Vinayagar Aalayam No.4/98, Mada Koil Street, Lourdhupuram, Kattupakkam, Chennai 600056. 4.M.Siva, Secretary, Arulmighu Sri Selva Vinayagar Aalayam No.4/83, Mada Koil Street, Lourdhupuram, Kattupakkam, Chennai 600 056. 5.R.Varadharajalu, Treasurer, Arulmighu Sri Selva Vinayagar Aalayam, DSM Nagar, Lourdhupuram, Kattupakkam, Chennai 600 056. ... Respondent Petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of Certiorarified Mandamus, to call for the records of the Panchayat
resolution in Ref.No.359, dated 15.05.2010 passed by the 2nd respondent and quash the same and consequential mandatory direction directing the respondents 1 and 2 to remove the temple lying on the North Eastern side of the DSM Nagar 24 feet road, Lourdhupuram, Kattupakkam, Poonamallee,Chennai600036.
For Petitioner : Mr.G.Mohanarangan For Respondent : Mr.S.T.S.Murthy, Government Pleader for 1 and 2.
(Judgment of Court was made by The Honourable Chief Justice)
This Petition has no element of Public Interest Litigation, but
it is a private lis and the suit is already pending since the year
2010, including for declaration of title/status of the land.
2. The petitioner will have to seek out his remedy in the suit.
3. The writ petition stands dismissed. No costs. Consequently,
M.P.No.1 of 2015 is closed.
Sd/-
Assistant Registrar(CS III)
//True Copy//
ksr Sub Assistant Registrar
To
1.The President
Poonamallee Panchayat Union,
Poonamallee, Thiruvallur District.
2.The President
Kattupakkam Panchayat Grade-I,
Kattupakkam Village,
Mount Poonamallee High Road,
Chennai 600 056.
+1cc to M/s.G.Mohanarangan, Advocate, S.R.No.31596
+1cc to the Government Pleader, S.R.No.31328
W.P. Nos.17493 of 2015
RSK(CO)
CA(02/07/2015)
1 issue framed by the court
Whether the writ jurisdiction under Article 226 is maintainable for a private lis regarding temple land where a civil suit is pending.
1 provisions across 1 enactments
R.S.Anandan - Naicker
The President Poonamallee Panchayat Union
The President Kattupakkam Panchayat Grade-I
Rajendran President Arulmigu Sri Selva Vinayagar Aalayam
M.Siva
R.Varadharajalu
Sanjaya Kishan Kaul
T.S.Sivagnanam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
