[Order of the Court was made by M.SATHYANARAYANAN, J.,] By consent, the writ petition is taken up for final disposal.
2 The petitioner is a resident of United India Colony, I Main Road, Kodambakkam, Chennai-24, and according to him, a small temple exist next to his house, viz., Sri Periyapalayathamman temple erected unauthorisedly and without any approval by the 7th respondent. It is the specific case of the petitioner that the existence of the temple which is being managed by the 7th respondent is causing nuisance and hardship to the residents of the locality, especially, to the petitioner, who is the neighbour and that apart, a portion of the temple is also encroaching upon the public road and in this regard, a representation dated 09.05.2017 has been submitted by the petitioner to the respondents for taking appropriate action to remove the encroachment in the form of temple and the Commissioner, Hindu Religious and Charitable Endowment Department, has sent a communication dated 16.05.2017, informing the petitioner that the Joint Commissioner, HR&CE, Chennai, was directed to take appropriate action and inform the same to the petitioner.
3 The learned counsel for the petitioner has drawn the attention of this Court to the photographs filed in the typed set of documents and would submit that the temple has been constructed without any permission / authorisation and it is also encroaching upon the public road and therefore, it is the bounden duty of the official respondents to remove the same and prays for appropriate orders.
4 The writ petition was entertained on 10.07.2017 and was listed on 16.08.2017 and on that date, this Court directed the respondents 4 and 5 to file counter. The 1st respondent has filed the counter affidavit dated 13.09.2017 and it is relevant to extract paragraph No.6 of the same:-
6 I submit that temple is constructed in TS.Nos.8/1 and 8/2 of Block No.33 of Puliyur Village. TS.No.8/1 is a very smaller extent which measures only to 3.5 sq.metres [equivalent to above 38 sq.metres]. TS.No.8/2 is measuring to an extent of 797.5 sq.metres [equivalent to 8584 sq.feet]. These two portions of lands in TS.Nos.8/1 and 8/2 stand classified as Ryotwari Manai. Besides this, a portion of land comprised in Ts.No.1/2 which forms part of United India Colony Main Road is found encroached by way of iron grills of the temple. This portion of land in TS.No.1/2 stands classified as Circar Poramboke and the usage of the said land in the Revenue records have been registered as Road. The portion of the temple which is situated in the land stands classified as Ryotwari Manai cannot be treated as encroachment However, a portion of land encroached upon by the temple authorities by way of fixing iron grills at the entrance of the temple falls under TS.NO.1/2 of Block No.33 of Puliyur Village and action may be initiated for removal of such encroachment in TS.No.1/2 by the Greater Chennai Corporation since the land stands classified as Circar Poramaboke and the usage of the said land is mentioned as Road in the Revenue records. 5 The learned Standing counsel appearing for the respondents 4 and 5 would submit that a notice under section 220 read with 222 of the Chennai City Municipal Corporation Act, 1919, dated 28.07.2017 has been issued to the 7th respondent calling upon her to remove the encroachment within seven days from the service of the notice, failing which, action will be taken under the provisions of the said Act and her response is awaited.
6 In the light of the above facts and circumstances, the 5th respondent has taken action by issuing notice dated 28.07.2017 to the 7th respondent and insofar as the prayer sought for by the petitioner with regard to the removal of the encroachment is concerned, the 5th respondent shall put the 7th respondent on notice and thereafter, take action strictly in accordance with law for removal of the said encroachment and if the 7th respondent is aggrieved by the same, she is always at liberty to work out her remedy in accordance with law before the competent Forum.
7 The writ petition stands disposed of with the above direction. No costs. Consequently, the connected miscellaneous petition is closed.