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Justice M Subramaniam of Madras High Court pulled up the Corporation authorities of Chennai for erecting a board in the temple land without obtaining the permission of the temple authorities.
A writ petition was filed by the trustee of Arulmigu Pidari Ayiram Kathamman Koil Manali on the grounds that the corporation authorities illegally entered into the property belongs to the Temple and infringed the right of the Deity. The counsel for the Zonal Officer informed the court that the Corporation authorities entered into the land for the purpose of erecting Board namely “ Amma Varasandhai,” and that the board has already been removed.
The court on hearing the submission noted that commissioning of any Board or construction without the permission of the Temple authorities in the land itself if an illegal act of the Corporation. The court further noted that if at all, the Board had to be installed, proper permission should have obtained from the authorities however the board was installed without getting any such permission. Therefore, the corporation authorities had committed a gross violation of the rule of Law. The court noted that however, the Board had subsequently removed and that the authorities are bound to follow the rule of Law and they are not empowered to infringe the civil rights of the persons.
The court noted that the subject property belongs to the Temple and permission must have been obtained from the Temple authorities. The court held that in the event of any further violations, the authorities are responsible and liable for prosecution. The court further held that the Corporation Officials shall not venture into the act of illegality, which is otherwise punishable.
The court however disposed the petition as the board had already been removed.
Cause title: Arulmigu Pidaru Ayiram Koil Manali Vs The Secretary Municipal Water Supply Department
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