HC pulls up civic body for review petition

November 27, 2014 08:24 am | Updated 08:24 am IST - CHENNAI:

Criticising the Chennai Corporation for filing a review petition to delay the demolition of an illegal structure, the Madras High Court on Wednesday observed that roads were not meant for construction of temples, mosques or churches.

The court also criticised the civic body for wasting public money by filing the review petition.

“The Corporation is expected to protect public property. The public should be permitted to use the road,” a Division Bench of Justices Satish K. Agnihotri and K.K. Sasidharan said, dismissing the petition.

Kantha Srinivasan, trustee of Sri Needhi Karumariamman Temple on NSC Bose Road, opposite the High Court, constructed the temple on Corporation land. The civic body issued a notice, dated November 28, 2010, directing the trustee to remove the temple within 15 days. The temple’s writ petition challenging the notice was dismissed on December 16 last year.

The Corporation then filed a petition seeking a review of the order.

The Bench observed the petition had been filed primarily on the ground that the Corporation had formulated a comprehensive policy regarding the removal, relocation and regularisation of unauthorised construction of religious structures. 

The Bench pointed out that the Corporation had earlier taken action against the trustee as per the Chennai City Municipal Corporation Act and in the light of the government’s policy for eviction. There was no apparent error to review the court’s earlier order. The Corporation had filed the review application to enable the trustee to retain the private temple constructed on public property, the Bench stated.

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