A writ petition filed to direct the removal of an illegal temple construction on office premises. The Court relied on a status report stating the temple lacked public worship and locus standi, leading to the closure of the petition without further order.
Petition closed; no further order required; no costs.
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W.P.No.28134 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.09.2023
CORAM
THE HONOURABLE Mrs. JUSTICE J.NISHA BANU AND THE HONOURABLE Mrs.JUSTICE N.MALA
W.P.No.28134 of 2019 and W.M.P.No.27782 of 2019
N.Rajaganapathy Conductor (CR 3774) Erumapalayam branch-II, Tamil Nadu state Transport Corporation (Salem Division) Erumapalayam, Salem - 636 015.
.... Petitioner
vs
W.P.No.28134 of 2019
Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents to remove the illegal construction in the name of Vinayagar Temple being constructed in the office premises of the 4th and 5th respondents based on the representation of the petitioner dated 04.09.2019.
For Petitioner : Mr.S.Doraisamy for Mr.P.Rajavelayutham For Respondents : Mr.P.Gurunathan, Additional Government Pleader for R1, R2 & R7 Mr.N.Devi, Standing Counsel for R3 Mr.R.Babu, Standing Counsel for R4, R5 & R6
W.P.No.28134 of 2019
O R D E R
(The Order of the Court was made by J.Nisha Banu,J)
This writ petition has been filed to direct the respondents to remove
the illegal construction in the name of Vinayaar Temple being constructed
in the office premises of the 4th and 5th respondents based on the representation of the petitioner dated 04.09.2019
It is submitted that the appropriate date of installation of the vinayagar statue cannot be ascertained and the present structure of the temple is located inside the compound wall of the office premises of the 5th respondent. It is submitted that there is a stone idol of Vinayagar, 2 nagars and 1 mooshika vagana inside the temple. There is a tamarind tree behind the temple. The temple is found electrified. It is submitted that on enquiry by the Inspector, HR&CE, it has been ascertained that
W.P.No.28134 of 2019
there is no public worship in the temple except the employees of the bus Depot.
It is submitted that the temple has also been found to be maintained by the employees of the 4th respondent and no public offerings are encouraged. Since the location of the temple premises are under an individual institution and no public worship is found, the temple lacks the characters of a public religious institution and as such this department has no locus standi to interfere in the functioning of the temple unless otherwise directed.
is required in this writ petition. Therefore, recording the above statement made in the status report filed by the Joint Commissioner, HR & CE Department, Salem, this Writ Petition is closed. No costs. Consequently, connected miscellaneous petition is also closed.
(J.N.B.,J.) (N.M.,J.) 07.09.2023 Index:Yes/No (2/2) Speaking/Non-speaking order vsi
W.P.No.28134 of 2019
To
W.P.No.28134 of 2019
J.NISHA BANU,J. and N.MALA,J.
vsi
W.P.No.28134 of 2019
07.09.2023
(2/2)
1 provisions across 1 enactments
N.Rajaganapathy
Secretary to Government, Tamil Nadu State Transport Corporation
Collector, Salem District
Commissioner, Salem Corporation
Managing Director, Tamil Nadu State Transport Corporation (Salem division)
Branch Manager, Erumapalayam Branch - I
J.Nisha Banu
N.Mala
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
