Petitioner sought mandamus for temple land restoration. Court refused PIL jurisdiction as property rights between temple parties are pending in a civil appeal, disposing petition without directions.
Petition disposed of without directions; liberty to approach court after civil rights are decided.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 5.12.2018
CORAM
THE HONOURABLE DR.JUSTICE VINEET KOTHARI AND
THE HONOURABLE Dr.JUSTICE ANITA SUMANTH
W.P.No.10241 of 2017 and W.M.P.No.11186 of 2017 P.Yuvaraaj ... Petitioner Versus 1 The District Collector Kancheepuram Kancheepuram District. 2 The Commissioner Alandur Municipality Alandur. 3 The Commissioner Hindu Religious and Charitable Endowments Department Nungambakkam High Road Nungambakkam Chennai - 600 034. 4 The Fit Person Sri Sachithananda Harihara Bajanai Sabha Alandur and the Executive officer Arulmigu Renganathaswamy Temple Thiruneermalai Chennai. 5 The Executive Officer Arulmigu Subramania Swamy Temple Subrmania Swamy Kovil Street Alandur. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus to direct the respondents herein to restore the 7 cents of land in Survey No.12/23 at Paruthivakkam Village, Alandur, Saidapet Taluk, Chengalpattu District belonging to Sri Sachithananda Harihara Bajanai Sabha by desilting the tank and restoring to the original extent of 4 cents.
For petitioner : Mr.P.Ravishankar Rao for
M/s.V.J.Latha
For 1st Respondent : Mr.M.Karthikeyan, AGP For R2 : No appearance.
Special Government Pleader
For R5
ORDER
(Order of the court was made by Dr.VINEET KOTHARI, J.)
Petitioner in this writ petition has prayed for desilting of a tank situated at Survey No.12/23 at Paruthivakkam Village, Alandur, Saidapet Taluk, Chengalpattu District belonging to Sri Sachithananda Harihara Bajanai Sabha by desilting the tank to restore the land to the original extent of 4 cents to the fourth respondent.
rights of respondents 4 and 5 is decided in the civil proceedings and if necessary and advisable to do so. No order as to costs. The connected miscellaneous petition is closed.
Sd/-
Assistant Registrar(CS III)
//True Copy//
Sub Assistant Registrar
ssk.
To:
1 The District Collector
Kancheepuram Kancheepuram District.
2 The Commissioner
Alandur Municipality Alandur.
3 The Commissioner
Hindu Religious and Charitable Endowments
Department Nungambakkam High Road
Nungambakkam Chennai - 600 034.
+1cc to M/S.S.D.Ramalingam, Advocate Sr.83431
+1cc to M/S.V.J.Latha, Advocate Sr.83341
W.P.No.10241 of 2017
gp[co]
srg 09/01/2019
1 issue framed by the court
Whether the Court can entertain the writ petition as a PIL to direct restoration of temple land when property rights are pending adjudication.
1 provisions across 1 enactments
P.Yuvaraaj
The District Collector Kancheepuram
The Commissioner Alandur Municipality
The Commissioner Hindu Religious and Charitable Endowments Department
Sri Sachithananda Harihara Bajanai Sabha
The Executive officer Arulmigu Renganathaswamy Temple Thiruneermalai
VINEET KOTHARI
ANITA SUMANTH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
