HC suo-motu restrains encroacher from proceeding with construction

A vacation bench granted the injunction while entertaining a writ petition from K Velu of Vadapalani, on May 12.

Published: 24th May 2016 08:22 PM  |   Last Updated: 24th May 2016 08:22 PM   |  A+A-

CHENNAI: Passing interim orders, suo-motu, Madras High Court has restrained an individual from proceeding with putting up structures on the land belonging to Tiruvalleeswarar temple in Jegadhambikai Nagar at Padi in Chennai.

A vacation bench of Justices N Kirubakaran and MV Muralidharan granted the injunction while entertaining a writ petition from K Velu of Vadapalani, on May 12.

"Though there is no petition seeking any interim injunction, this court, based on the facts of the case, is inclined to suo-motu grant interim injunction taking into consideration that construction is being made by Pandian inspite of the orders passed by the Civil Court. Accordingly, there shall be an order of interim injunction restraining Pandian from proceeding with the construction in any way until further orders,'' the bench said and posted the matter for further hearing on June 9.

Velu has approached the HC with a plea to order the removal of the encroachments put up by Pandian on the temple land.

To ascertain the correct position, the bench on an earlier occasion, had directed KV Dhanapalan, Additional Government Pleader (HR&CE) to verify the position and inform the court. Accordingly, he inspected the place and informed the court that Pandian was a tenant under the temple and his lease had been terminated. In fact, Pandian attempted to make construction and the temple management had filed a civil suit in the lower court in Ambattur and an interim order restraining him from making any construction had been obtained in 2014, which is still in force. Inspite of that order, Pandian is proceeding with the construction, he added.

The court was also informed that proceedings under the HR&CE Act has also been initiated against Pandian to vacate him from the premises.

"When that is the position, Pandian has got no right or business to make any construction of any nature,'' the bench said and passed the interim injunction order.

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