WP No. 3095 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18-06-2025 CORAM THE HONOURABLE MRS JUSTICE J. NISHA BANU AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN W.P. No. 3095 of 2024 and W.M.P.No.3377 of 2024 1. K.2069 Veerakeralam Urban Co-operative Credit Society Ltd., Represented By Its Secretary Mr.A.Murugesan, 21/17 Periyathottam Colony, Veerakeralam (P.O), Kovai 641007. Petitioner(s) Vs 1. The District Collector Office Of The District Collector, Coimbatore. 2.The Commissioner Coimbatore City Municipal Corporation, Coimbatore 641001. 3.The Member Secretary Local Planning Authority, Sivananda Colony, Coimbatore 641012. https://www.mhc.tn.gov.in/judis WP No. 3095 of 2024 4.Tahsildhar Coimbatore North, Coimbatore. 5.The Joint Commissioner Hindu Religious And Charitable Endowment Office Of Hindu Religious And Charitable Endowment, Balasundaram Salai, Coimbatore 641007. 6.Organizing Committee Of Arulmigu Sri Gnana Vinayakar Temple And Sri Raja Rajeshwari Temple. Rep. By Thendral Nagar People Welfare Society, Rep. By Its President V.Selveraj, 2nd Street, Thendral Nagar, (behind Cheran Nagar), Coimbatore 641029. 7.Radhika Kannan W/o.Kannan, No.25 Oorgavundarveethi, Veerakeralam, Coimbatore 41. 8.R.Kannan S/o.Ramnath, No.25 Oorgavundarveethi, Veerakeralam, Coimbatore 41. Respondent(s) https://www.mhc.tn.gov.in/judis WP No. 3095 of 2024 PRAYER The Writ Petition is filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus directing the respondents 1 to 5 to consider the petitioner's representation dated 05.02.2024 to remove the unauthorised construction and not to permit the 6 th respondent to inaugurate the temple and allow the general public to access claiming devotees. For Petitioner(s): M/s. Kanimozhi Mathi For Respondent(s): Mrs. E. Ranganayaki Additional Government Pleader For R1, R3 and R4 Mr. K.M.D.Muhilan Standing Counsel For R2 Mr. K.Karthikeyan Government Advocate [ HR&CE] For R5 Mr. C.D.Sugumar For R6 ORDER (Order of the Court was made by J.NISHA BANU, J.) The present Writ Petition is filed for the issuance of a Writ of Mandamus directing respondent Nos. 1 to 5 to consider the petitioner's representation dated 05.02.2024 to remove the unauthorised construction and not to permit the 6 th respondent to inaugurate the temple and allow the general public to access claiming devotees. https://www.mhc.tn.gov.in/judis WP No. 3095 of 2024 2. Today when the matter is taken up for hearing, the third respondent had filed counter affidavit stating that no planning permission was sought by respondent Nos.6 to 8 for construction of temple and the private respondents had no rights to commence the construction without getting No Objection Certificate from the first respondent. The relevant portion of the counter affidavit is extracted as follows:- “4. I humbling submit that the claim of the petitioner in the Writ Petition is that the 6 th, 7 th and 8 th respondent had constructed a temple in S.No.213/1, Goundampalayam Village, Vadavalli Coimabtore measuring about 2432 sq.ft without obtaining plaining permission and sought to initiate appropriate action against the respondents 6 to 8 by his representation dated 05.02.2024. I state that no planning permission was sought by the respondents 6 to 8 before this respondent for construction of temple. I state that since it is alleged that a temple was construction, the private respondents had no rights to commence the construction without getting no objection certificate (NOC) from the 1 st respondent.” 3. In view of the above, the official respondents shall give notice to respondent Nos.6 to 8 and after affording an opportunity of personal hearing, shall take appropriate action, in accordance with law, within a period of twelve (12) weeks from the date of receipt of a copy of this order. https://www.mhc.tn.gov.in/judis WP No. 3095 of 2024 4. With the above observations and directions, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed. (J.NISHA BANU J.) (M.JOTHIRAMAN J.) 18-06-2025 ASI To 1.The District Collector Office Of The District Collector, Coimbatore. 2.The Commissioner Coimbatore City Municipal Corporation, Coimbatore 641001. 3.The Member Secretary Local Planning Authority, Sivananda Colony, Coimbatore 641012. 4.The Tahsildhar Coimbatore North, Coimbatore. https://www.mhc.tn.gov.in/judis WP No. 3095 of 2024 5.The Joint Commissioner Hindu Religious And Charitable Endowment Office Of Hindu Religious And Charitable Endowment, Balasundaram Salai, Coimbatore 641007. 6.Organizing Committee Of Arulmigu Sri Gnana Vinayakar Temple And Sri Raja Rajeshwari Temple. Rep. By Thendral Nagar People Welfare Society, Rep. By Its President V.Selveraj, 2nd Street, Thendral Nagar, (behind Cheran Nagar), Coimbatore 641029. 7.Radhika Kannan W/o.Kannan, No.25 Oorgavundarveethi, Veerakeralam, Coimbatore 41. 8.R.Kannan S/o.Ramnath, No.25 Oorgavundarveethi, Veerakeralam, Coimbatore 41. https://www.mhc.tn.gov.in/judis WP No. 3095 of 2024 J.NISHA BANU, J. AND M.JOTHIRAMAN, J. ASI WP No. 3095 of 2024 and W.M.P.No.3377 of 2024 18-06-2025 https://www.mhc.tn.gov.in/judis