Allowed

Porur Gardens Residents Welfare Association, v. Government of Tamil Nadu

Madras HC19 Oct 2023WP/4431/2019

Case brief

AI extract

What is this about?

The court directed the removal of illegal constructions and projections by a temple in an Open Space Reservation area, restoring it to its original extent while preserving a Primary Health Centre and Overhead Water Tank.

What did the court decide?

The temple to be restored to its original position by removing illegal constructions and projections from the OSR area, keeping the Primary Health Centre and Overhead Water Tank intact.

Porur Gardens Residents Welfare Association… — Pension and Retirement Benefits | Madras HC (2023)

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W.P. No. 4431 of 2019

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 19.10.2023

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CORAM

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THE HON'BLE MR. JUSTICE S. VAIDYANATHAN

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AND

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THE HON'BLE MR.JUSTICE K.RAJASEKAR

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W.P.No. 4431 of 2019

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W.M.P. No. 4993 of 2019

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Porur Gardens Residents Welfare Association (Reg. No. 244/2005) rep. by its Secretary K. Kesavan, Porur Gardens, Vanagaram, Chennai 600 095. ..Petitioner

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Vs.

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Government of Tamil Nadu, rep. by Principal Secretary to Government, Department of Municipal Administration and Water Supply Department, Fort St. George, Chennai.

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The District Collector, Thiruvallur Collectorate, Thiruvallur.

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https://www.mhc.tn.gov.in/judis

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W.P. No. 4431 of 2019

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The Commissioner, Greater Chennai Corporation, Ripon Building, Chennai 600 003.

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The Special Officer, Block Development Office, Villivakkam Panchayat Union, Ambattur, Chennai.

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Arulmigu Sri Selva Vinayagar Alayam, rep. by Temple Committee, Porur Garden Phase I Park, Vanagaram, Chennai 600 095.

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The Revenue Divisional Officer, Thiruvallur.

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(R6 suo motu impleaded vide order dated 21.07.2023 made in W.P. No. 4431/2019 by SVNJ & KRSJ)

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Vanagaram Panchayat Union, represented by its President Mrs. Jamuma Srinivasan, Chokkalingam Naicker 5^th Street, Ganapathi Nagar, Vanagaram, Chennai 600 095.

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(R7 impleaded vide order of Court dated 19.10.2023 in W.M.P. No. 7837/2020 by SVNJ & KRSJ).

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..Respondents

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Prayer: Petition under Article 226 of the Constitution of India praying

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https://www.mhc.tn.gov.in/judis

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W.P. No. 4431 of 2019

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for issue of a Writ of Mandamus directing the respondents to remove the

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illegal constructions, projections and installations put up by the 5^th respondent in and around 5^th respondent temple situated in Open Space Reservation Area comprised in Survey No. 249/1A part of Vanagaram Village, Ambattur Taluk, Thiruvallur District.

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For Petitioner :: Ms.S. Meenakshi

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For Respondents :: Mr.J. Ravindran, Addl. Advocate General assisted by Mr.A. Selvendran, Special Government Pleader for R1, R2, R4 & R6 Mr.D.B.R. Prabhu for R3 Dr. R. Venkatesan for R5

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O R D E R

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( Made by S. Vaidyanathan,J.)

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The present writ petition has been filed to remove the illegal constructions, projections and installations put up by the 5^th respondent in and around 5^th respondent temple situated in the Open Space Reservation area comprised in Survey Number 249/1A, part of Vanagaram Village,

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Ambattur Taluk, Thiruvallur District.

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https://www.mhc.tn.gov.in/judis

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W.P. No. 4431 of 2019

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The case of the petitioner is that in the year 2005, the petitioner residents welfare association was formed and the same was duly registered

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under the provisions of the Tamil Nadu Societies Registration Act. According to the petitioner, in the OSR area, the promoters had already put up a superstructure to be used as the office for the residents welfare association and thereafter, in the year 2008, 5^th respondent temple was constructed, which was administered by a temple committee. On 08.09.2018, in the temple committee meeting held, it was resolved to put up a superstructure in front of the existing temple without the knowledge and consent of the petitioner association and the same was objected to by the residents as it would reduce the park area meant to be used by all the residents and that the OSR Park area being a public area cannot be used for as a religious worshipping place. Though representation was given by the petitioner association to respondents 2 to 4 seeking their interference and action against the temple committee, no action was taken. Hence, the present writ petition with the prayer aforesaid.

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Heard the learned counsel for the parties.

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https://www.mhc.tn.gov.in/judis

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W.P. No. 4431 of 2019

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In the OSR area, there was a small temple existing at the time

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of converting the area into OSR and now, the temple has extended extensively and the entire area has been encroached by the temple. The photographs produced at Page No.49 will make it very clear that the small temple has now become a big one. The proceedings dated 09.11.2017 would make it very clear that there was a small temple existing before the land was converted into OSR.

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Learned counsel for the appearing for the contesting 5^th respondent would submit that the writ petitioner was a member of the temple committee, which was maintaining the temple and after he lost the post of Secretary, in order to wreck vengeance, the present writ petition has been filed.

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We make it very clear that OSR has got to be maintained as

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such and the temple has got to be restored to its old position and the projections made by the temple need to be removed.

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https://www.mhc.tn.gov.in/judis

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W.P. No. 4431 of 2019

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It is submitted by Mr.A. Selvendran, learned Special Government Pleader that there is a Primary Health Centre and Overhead Water Tank, which is meant for public. Hence, without disturbing the Primary Health Centre and Overhead Water Tank, the authorities shall ensure that the temple is restored to its original position.

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Though it has been pointed out by the contesting respondent that the OSR is completely maintained by the Municipality and that the said place is used only for the purpose of walking and that the Municipality opens the place from 8a.m. and closes at 10.30a.m and again opens at 4.30p.m. and closes at 8.30p.m, there cannot be any encroachment on OSR land. A reading of the communication dated 09.11.2017 would make it very clear that initially, there was a small temple existing and from the phtotographs now produced, it has developed into a big temple encroaching upon the OSR land. Hence, the OSR to an extent of 89240 sq.ft and the temple has got to be brought to the original position by removing the installations/projections/illegal construcitons in OSR Area but the Primary Health centre and Overhead Water Tank shall remain intact. The writ

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https://www.mhc.tn.gov.in/judis

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closed.

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W.P. No. 4431 of 2019

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petition is disposed of on the above terms. No costs. Connected W.M.P is closed.

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(S.V.N.J.) (K.R.S.J.)

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nv 19.10.2023 2/2

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To 1. Principal Secretary to Government, Department of Municipal Administration and Water Supply Department, Fort St. George, Chennai.

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The District Collector, Thiruvallur Collectorate, Thiruvallur.

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The Commissioner, Greater Chennai Corporation, Ripon Building, Chennai 600 003.

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The Special Officer, Block Development Office, Villivakkam Panchayat Union, Ambattur, Chennai.

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Arulmigu Sri Selva Vinayagar Alayam, rep. by Temple Committee, Porur Garden Phase I Park, Vanagaram, Chennai 600 095.

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https://www.mhc.tn.gov.in/judis

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W.P. No. 4431 of 2019

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S. VAIDYANATHAN,J.

AND

K. RAJASEKAR,J.

The Revenue Divisional Officer, Thiruvallur.

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Vanagaram Panchayat Union, represented by its President Mrs. Jamuma Srinivasan, Chokkalingam Naicker 5^th Street, Ganapathi Nagar, Vanagaram, Chennai 600 095.

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W.P. No. 4431 of 2019

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19.10.2023

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https://www.mhc.tn.gov.in/judis

Porur Gardens Residents Welfare Association, v. Government of Tamil Nadu

Case brief

What is this about?

What did the court decide?

Porur Gardens Residents Welfare Association, v. Government of Tamil Nadu

Case brief

What is this about?

What did the court decide?

What the court decided

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