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Judgment
Honourable Mr. Justice K. Chandru
This writ petition is a clear abuse of process of this Court. The petitioner, who is a resident of B19/1, Race Course Colony, Madurai, claiming to be a Typist in Melur Court, has filed the present writ petition in respect of the residents of ''E'' and ''B'' Blocks of Race Course Colony.
In this writ petition, he has sought for a direction to the first respondent - the District Collector to consider his representation dated 19.03.2012 to protect "Sree Vazhampuri Vinayagar" temple situated in T.S.No.62, and pass appropriate orders.
When the matter came up for hearing on 22.06.2012, this Court directed notice regarding admission and directed the third respondent namely the Executive Engineer, Madurai Housing Branch, Tamil Nadu Housing Board, not to remove the temple situated in T.S.No.62.
Though the petitioner has filed a petition for interim direction seeking direction not to remove the temple, this Court held that such prayer cannot be asked for and the petitioner is entitled to interim injunction.
Aggrieved by the order of interim injunction, the fourth respondent namely Ramasubramanian, who is the resident of Bharathi Ulaa Road, filed a petition in M.P(MD)No.3 of 2012 to vacate the interim injunction.
In the said petition, he has stated that the temple has been constructed by encroaching the property belonged to the Corporation and the petitioner has formed an association and had collected huge funds for conducting kumbabhisekam and also made huge construction without the approval of any authority. The temple is not a public temple. However, the moneys are collected from the local people as well as from the persons working in Government offices as donation.
He further stated that according to the village map, the land is situated in T.No.62 as a pathway and the land is attached to Madurai Corporation. The Corporation was informed about the encroachment. The Corporation has not taken any action and S.No.62 is a valuable property. The said temple is sought to be constructed by the petitioner and an association only to block the pathway. The third respondent - Executive Engineer, issued a show cause notice by proceedings dated 12.03.2012 to remove the encroachment and the subsequent notice was issued on 06.06.2012.
The petitioner has filed the present writ petition suppressing this information. The claim made by the petitioner that the temple was 30 years old, was denied, but, on the other hand, it has been developed only in the year 2010. The Executive Engineer, Madurai Corporation also issued the proceedings dated 01.03.2012 stating that the property in question is a clear encroachment and the petitioner has no title to the said property and no right to construct any temple in public place. In support of the said contention, the fourth respondent filed the copy of the notice dated 01.03.2012 sent by the third respondent addressed to the Assistant Commissioner of Police (Law and Order), Tallakulam, Madurai, stating that T.S.No.62 belongs to the Corporation and meant for public pathway and encroaching the said land in the public pathway to the extent of 15 cents, the temple has been built by the petitioner. Therefore, he requested that action should be initiated against the petitioner.
A map showing that T.S.No.62 was a public pathway, is also produced.
However, the Learned Counsel for the petitioner contended that inasmuch as the owner of the place is Madurai Corporation, Tamil Nadu Housing Board has no right to take any action.
In this context, the third respondent - Executive Engineer cum Administrative Officer, Madurai Housing Unit, Tamil Nadu Housing Board, filed the counter affidavit dated 02.09.2012. In the counter affidavit, it is stated that the Tamil Nadu Housing Board constructed the houses in the form of plots in Madurai Race Course Colony and it was let out to the Government employees. The Tamil Nadu Housing Board has constructed the road, water line and sewage line in the Race Course Colony. The entire colony including the road is maintained by the Tamil Nadu Housing Board and on 22.03.2012, they have sent a letter to the Madurai Corporation requesting them to take over the road, water line and sewage line and the Corporation is yet to accept the same. They have also informed the Assistant Commissioner of Police (Law and Order), Tallakulam, Madurai, regarding the illegal construction of the temple in a road situated in the colony. They also found that some other residents are putting up constructions. They requested the Commissioner of Police to give police protection for removal. They have sent a further letter dated 06.06.2012 seeking police protection. The other contention that the petitioner was conducting the festival, is also denied. The Tamil Nadu Housing Board is competent to remove the encroachment within the premises. If the temple is put up, it would cause hindrance to the ingress and egress of the residents. In the light of the factual aspects, it is not clear as to what locus standi the petitioner is having to file the present writ petition.
First of all, the petitioner who is a Court staff, is subject to the disciplinary action as per the Government Servants Conduct Rules. Merely because the occupation in the Tamil Nadu Housing Board Colony, he cannot take the law and order in his hands and did things which are illegal. Very recently, the Honourable Supreme Court held that no temple can be constructed in a public place without the approval from the competent authorities. A direction was also issued by the Honourable Supreme Court to remove all the encroachments in the public place, whether it is a temple or any other structures. Pursuant to the direction issued, the State Government has also issued an Government Order for enforcing the order of the Honourable Supreme Court. Even after the decision of the Honourable Supreme Court, it is shocking that the petitioner who is working in a Court, has disobeyed the direction issued by the Honourable Supreme Court. In any event, as long as the property is in the hands of the Tamil Nadu Housing Board, they are bound to protect the property with ingress and egress to the residents of the colony and see that no construction has been made.
It has been stated by the Executive Engineer that the temple has been constructed in a public pathway and it will affect the ingress and egress of the residents of the colony. The Tamil Nadu Housing Board is entitled to take action against the persons who are encroaching the public place. The contention that Madurai Corporation only is entitled to take action against the petitioner, is meaningless insofar as the property has not been handed over to the Corporation and still the possession of the premises vests with the Tamil Nadu Housing Board and the Officers of the Tamil Nadu Housing Board should maintain the public pathway for which purpose it has been laid and there is no impediment for the authorities to take against the petitioner as well as the illegal constructions made by him. In the event of any objection by the petitioner, this Court directs the second respondent - the Commissioner of Police, Madurai City, to give appropriate police protection while removing the encroachments. Because of the request of the Learned Counsel for the petitioner, this Court refrained from initiating action against the petitioner though this Court could have done the same as he is coming under the disciplinary powers of this Court. Accordingly, this writ petition is dismissed. Consequently, M.P(MD)Nos.1 and 2 of 2012 are dismissed and M.P(MD)No.3 of 2012 is closed. No costs.