The petitioner has filed this Writ Petition, praying to forbear the respondents herein, from, in any manner, demolishing, destroying or interfering with the existence or performance of Poojas at Sri Guru Raghavendra Temple, situate on the southern side of the Ticket Booking Counter of Pattabiram Railway Station, Pattabiram, Chennai 600 072.
2. The learned counsel appearing for the petitioner has submitted that the residents of the locality between Thirunindravur and Annanur, formed a Trust and constructed a Temple on the Southern side of the Booking Counter at Pattabiram Railway Station and installed a statue of Guru Raghavendra. The Santum Sanctorium was constructed and a Mun Mandapam with pillars was also erected and Maha Kumbhabhishekam of the Temple was performed on 11.02.2008.
3. In March 2009, the existence of the Temple at the said place was objected by the Railway Administration and they had taken a decision to demolish the temple. Then, the Officers of the Railway Department had forcibly deployed work force and removed pillars of the Mandapam, forcing the petitioner / Temple to temporarily suspend worship in the temple. At this juncture, the petitioner / Temple gave representation on 08.09.2009 to the first respondent to continue with the Temple and worship in the said place.
4. On 05.02.2011, the Officials from the Railway Department had come to the Temple and threatened that the Temple would be demolished in 3 days, as it was constructed in the Railway land. No notice has been issued by the respondents and the respondents have taken law into their own hands and tried to vacate the petitioner / Temple, without due process of law. Hence, the petitioner has filed this Writ Petition with the aforesaid prayer.
5. On the contrary, the learned Additional Government Pleader appearing for the first respondent has submitted that the notice was served to the petitioner on 27.09.2016. This Court, at the time of admission, granted interim order and subsequently extended the same for four weeks.
6. Subsequently, the respondents have issued notice under Form A under Section 4(2) of Public Premises (Eviction of Unauthorized Occupants) Act, 1971, on 27.09.2016, directing the petitioner to appear before the Estate Officer on 07.10.2016 at 11.A.M. The said notice was received by the petitioner on 27.09.2016, but he has not responded for the notice. Therefore, the contention of the petitioner that the respondents took action without following the procedure, cannot be accepted.
7. In view of the submission made by both the parties and pending Writ Petition, the respondents have issued a show cause notice in Form A in the said Act to the petitioner on 27.09.2016 and the same was received by the petitioner on 27.09.2016, but the petitioner has not appeared before the Estate Officer on that day. However, the learned counsel for petitioner seeks time for the appearance before the Estate Officer, as fixed by this Court. Therefore, this Court directs the petitioner to appear before the Estate Officer on 10.04.2017 and place all the materials in support of their case. Thereafter, the Estate Officer is directed to consider the petitioner's objection and pass appropriate orders, within a period of eight weeks thereafter.
8. With the above observations and direction, the Writ Petition is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed.
14.02.2017 Index: Yes/ No Internet:Yes/No Note: Issue order copy on or before 21.02.2017 pvs To
1. The Southern Railway, Rep. by its General Manager, Park Town, Chennai 600 003.
2. The Railway Protection Force, Annanur, Chennai.
3. The Inspector of Police, T-9, Police Station, Pattabiram, Chennai 600 072.
D. KRISHNAKUMAR, J., pvs W.P.No.3139 of 2011 & M.P.No.1 of 2011 14.02.2017 http://www.judis.nic.in