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2011 DIGILAW 1776 (MAD)

E. Ganesan v. Commissioner, Kanchipuram Municipality

2011-03-29

R.SUDHAKAR

body2011
Judgment :- 1. Writ Petition is filed praying to issue a Writ of Mandamus, not to demolish the temple or any superstructure attached thereto namely Sri Karpaga Vinayagar Kannappa Vinayagar Thirukkoil, situated at Ekambaranathar Koil North Mada Street, Big Kanchipuram. 2. Mr.P.Srinivas, learned counsel, appears on behalf of the first respondent. Mr.S.Shivashanmugam, learned Government Advocate, appears on behalf of the second respondent. By consent of both parties, the writ petition is taken up for disposal. 3. Petitioners claimed to be the residents of Ekambaranathar Temple North Mada Street, Kancheepuram. They claimed that they have renovated the temple, viz., Arulmigu Sri Karpaga Vinayagar, Kannappa Vinayagar Temple" which is situated on the said street. It is the apprehension of the petitioners that the first and the second respondents are trying to remove the temple stating that it is encroached into the road margin. In this regard, petitioners have sent a legal notice dated 15.2.2011 to the first respondent. 4. Learned counsel appearing for the first respondent and the learned Government appearing for the second respondent state that as on today, there is no proceeding initiated by the first or the second respondent and there is no reason for the petitioners to rush to this Court. 5. In any event, the above temple is situated in the road margin. It is for the highways department to take appropriate action. Considering the above, the first respondent is directed to consider the legal notice dated 15.2.2011 and give a suitable reply as to whether they have any role to play in the grievance expressed by the petitioners. If not the petitioners are directed to approach the competent authority for appropriate relief in accordance with law. 6. The Writ Petition is disposed of as above. No costs. Consequently, connected miscellaneous petition is closed.