Madras High Court
WP/34911/2026 of S.SARASWATHI Vs THE COMMISSIONER on 31 August 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31-08-2026
CORAM
THE HON'BLE DR JUSTICE G. JAYACHANDRAN
AND
THE HON'BLE MR.JUSTICE E.MANOHARAN
Writ Petition No. 34911 of 2026
S.Saraswathi
..Petitioner
Vs
1. The Commissioner
Greater Chennai Corporation,
Ripon Building, Chennai-600 003.
2. The Zonal Officer
Zone-1, Greater Chennai Corporation,
Tiruvottiyur, Chennai-600 019.
3. The Assistant Engineer
Ward-9, Greater Chennai Corporation,
Tiruvottiyur, Chennai-600 019.
4. The District Collector
Chennai District Collectorate,
Chennai-600 001.
5. The Tahsildar
Tiruvottiyur Taluk,
Chennai -600 019.
6. The Commissioner
Hindu Religious and Charitable Endowments Department, No. 119 Nungambakkam High Road, Chennai-600 034.
7. The Assistant commissioner
Hindu Religious and Charitable Endowments Department, Arulmighu Thyagaraja swamy temple, Tiruvottiyur, Chennai -600 019.
8. The Inspector of Police
H-8 Tiruvottiyur Police Station,
Tiruvottiyur, Chennai-600 019.
9. R.M.Kalidasan
..Respondents
Prayer: Writ Petition has been filed under Article 226 of Constitution of India, to issue Writ of Mandamus, directing the respondents 1 to 4 to consider the petitioner’s representation dated 08.08.2026 and thereby direct the respondents 1 to 4 to remove the unauthorized construction of the Ganesh Temple encroaching on the public road namely 1st Street, T.S. Gopal Nagar, Tiruvottiyur, Chennai-600 019 and to restore the public road and maintain the same and pass.
For Petitioner:
Mr.B.Gopalakrishnan
For Respondents:
Mr.Abishekmurthy
Standing Counsel for R1 to R3
Mr.K.Surendar
Special Government Pleader for R4 & R5
Mr.R.Bharanidharan
Special Government Pleader for R6 & R7
Mr.N.Palanivel
Government Advocate (Crl.Side) for R8
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ORDER
(Order of the Court was made by Dr.G.Jayachandran J.) The petitioner herein, having purchased the property on 19.05.2025, claims that a temple constructed in front of the property encroaches upon the public road. It is further alleged that the 9th respondent is having control over the said temple, thereby causing hindrance to the ingress and egress of the petitioner’s house.
2. When a specific question was put to the learned counsel for the petitioner as to whether the structure is an existing encroachment, the answer was in the affirmative. However, the writ petition, as filed, arrays the Corporation, the Police and the HR & CE Department as parties, though they are in no way connected to the structure alleged to be under the control of the 9th respondent. Consequently, this writ petition is not maintainable.
3. If the petitioner is aggrieved by any such encroachment or obstruction to his ingress and egress, he has to work out his remedy before a competent civil Court to settle the private dispute between himself and the 9th respondent.
4. With these observations, this Writ Petition stands dismissed. No costs. (Dr.G.J.,J.) (E.M.,J.) 31-08-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No rpl
To
1. The Commissioner Greater Chennai Corporation, Ripon Building, Chennai-600 003.
2. The Zonal Officer Zone-1, Greater Chennai Corporation, Tiruvottiyur, Chennai-600 019.
3. The Assistant Engineer Ward-9, Greater Chennai Corporation, Tiruvottiyur, Chennai-600 019.
4. The District Collector Chennai District Collectorate, Chennai-600 001.
5. The Tahsildar Tiruvottiyur Taluk, Chennai -600 019.
6. The Commissioner Hindu Religious and Charitable Endowments Department, No. 119 Nungambakkam High Road, Chennai-600 034.
7. The Assistant commissioner Hindu Religious and Charitable Endowments Department, Arulmighu Thyagaraja swamy temple, Tiruvottiyur, Chennai -600 019.
8. The Inspector of Police H-8 Tiruvottiyur Police Station, Tiruvottiyur, Chennai-600 019.1.
DR.G.JAYACHANDRAN J. and E.MANOHARAN J. rpl Writ Petition No. 34911 of 2026 31-08-2026