Case Note & Summary
The writ petition under Article 226 of the Constitution of India was filed by Arumugam @ Aarusamy seeking a mandamus to direct respondents 1 to 7 to remove an unauthorized religious construction made in Survey No.147/3C1 of Polavapalayam Village, Nambiyur Taluk, Erode District. The 9th respondent, Sachithantham, was impleaded on 13.02.2025. The unauthorized temple was constructed adjacent to a road without obtaining necessary permission from the competent authority. The 9th respondent's counsel was unable to produce any permission for the construction. The court observed that the unauthorized construction of the temple without proper permission is liable to be removed. However, the 9th respondent's counsel, on instruction, submitted that the 9th respondent would voluntarily remove the temple and entire structure within a period of six weeks, and subsequently submit an application seeking necessary permission from the District Collector for construction of the temple. In view of this submission, the court directed respondents 1 to 7 to ensure that the 9th respondent removes the unauthorised temple construction in the subject property. The order was made by Justice S.M. Subramaniam, with Justice K. Rajasekar concurring. The judgment thus allowed the removal as prayed while granting the builder an opportunity to regularise the construction after obtaining permission.
Headnote
A) Constitutional Law - Writ of Mandamus - Removal of Unauthorized Construction - Constitution of India, Article 226 - The petitioner sought a writ of mandamus to direct removal of an unauthorized temple built by the 9th respondent without permission on public road adjacency. The court, noting the lack of permission, directed removal, and upon the 9th respondent's undertaking to voluntarily remove the structure within six weeks and apply for regularisation, ordered the authorities to ensure removal. Held that unauthorized construction liable to be removed. (Paras 2-5)
Issue of Consideration
Whether a writ of mandamus should be issued to direct removal of an unauthorized religious construction without proper permission
Final Decision
The court directed respondents 1 to 7 to ensure that the 9th respondent removes the unauthorised temple construction in the subject property within six weeks. The 9th respondent was allowed to subsequently submit an application for necessary permission from the District Collector for construction of the temple.
Law Points
- unauthorized construction without permission liable to be removed
- court can direct removal and permit regularisation application
Case Details
2025 LawText (MAD) (02) 142
S.M.Subramaniam, K.Rajasekar
D.Veerasekharan, T.Chandrasekaran, Vadivelu Deenadayalan, T.M.C.Kaushik, S.Snehan Kandasamy
1. The District Collector, Erode; 2. The Superintendent of Police, Erode; 3. The Sub Collector, Gobichettipalayam; 4. The Tahsildar, Nambiyur; 5. The Block Development Officer (Village Panchayat), Nambiyur; 6. The Inspector of Police, Varapalayam; 7. The Panchayath President, Polavapalayam; 8. Manikanda Moorthy; 9. Sachithantham
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India seeking a mandamus to direct removal of unauthorized religious construction on public road adjacency.
Remedy Sought
Petitioner sought a direction to respondents 1 to 7 to remove the unauthorized temple construction in Survey No.147/3C1 of Polavapalayam Village, Nambiyur Taluk, Erode District.
Filing Reason
The 9th respondent constructed an unauthorized temple adjacent to a road without obtaining necessary permission from the competent authority.
Issues
Whether a writ of mandamus should be issued to direct removal of an unauthorized religious construction without proper permission
Submissions/Arguments
Petitioner sought removal of the unauthorized construction.
9th respondent's counsel submitted that the 9th respondent will voluntarily remove the temple and entire structure within six weeks and subsequently apply for regularisation from the District Collector.
9th respondent's counsel was unable to produce any permission for construction.
Ratio Decidendi
Unauthorized construction of a temple without proper permission from the competent authority is liable to be removed. The writ court under Article 226 may direct removal upon ascertaining lack of permission, while accommodating voluntary removal and granting liberty to apply for regularisation.
Judgment Excerpts
It is not in dispute that the 9th respondent constructed an unauthorised temple adjacent to the road without obtaining necessary permission.
the unauthorized construction of the temple without proper permission from the competent authority is liable to be removed.
the 9th respondent will voluntarily remove the temple and entire structure within a period of six weeks and subsequently he will submit an application seeking necessary permission from the District Collector for construction of temple.
Procedural History
Writ petition filed seeking mandamus. On 13.02.2025, 9th respondent impleaded. Matter heard and order passed on same day directing removal with conditions.
Acts & Sections
- Constitution of India: Article 226
