The main legal point established in the judgment is that disputed ownership and construction rights should be decided by the appropriate tribunals and courts, and that the court cannot issue a Writ of Mandamus when there is no enforceable right vested in the petitioner.

1. Heard the learned counsels appearing on behalf of the petitioner, as well as the respondents.

2. This writ petition has been filed praying that this Court may be pleased to issue a Writ of Mandamus, directing the respondents 1 to 3 herein to consider and pass orders on the representation of the petitioner, dated 19.2.2014, and pass such further orders, as this court may deem fit and proper in the facts and circumstances of the case.

3. The petitioner has stated that she is the caretaker and the hereditary Muthavalli of the Hazarath Syed Shah Ali Masthan Chaman Shah Ali Zindey Masthan Madarsha E-Shah Ali Masthan Dargah (hereinafter referred to as the “Dargah”), situated at No.10/1, G.S.T. Road, St. Thomas Mount, Chennai, having an extent of 0.3698 acres. It has been further stated that the husband of the petitioner, namely, late Syed Mahaboob @ Babulal, had been serving as the hereditary Muthavalli of the Dargah. The Dargah finds a place in the GLRS field map of the Department of Defence Estates, Madras Circle, Chennai. It has also been stated that the petitioner is paying the taxes and the electricity bills relating to the Dargah, regularly. While so, the petitioner had applied for a building plan, relating to the Dargah and it had been sanctioned by the office of the 7th respondent, vide his proceedings, dated 11.9.2013, granting permission for certain renovation and construction works. The petitioner had started constructing of a room, having an extent of about 500 sq. ft., as per the building plan sanctioned by the 7th respondent, from the funds collected from the devotees of the Dargah. While so, the respondents 9 and 10 had started interfering with the construction works.

4. In such circumstances, the petitioner had filed a civil suit, in O.S.No.78 of 2014, on the file of the Additional District Munsif Court, Alandur. During the pendency of the said suit, the officers of the St. Thomas Mount-cum-Pallavaram Cantonment Board had started to demolish the construction being put up at the Dargah, on 30.1.2014, on the instructions of the 8th respondent. No prior notice had been issued to the petitioner, before starting of the demolition of the building.

5. It has also been stated that the 7th respondent had entered into the premises and demolished the structure, without any valid reasons for doing the same. The 11th respondent had taken away the original building plan, on the instructions of the 8th respondent. The 8th respondent had given a complaint to the police, stating that the petitioner and her son are having a bogus document, based on which the construction had been started. Therefore, the petitioner had sent a representation to the 10th respondent, dated 25.9.2013, stating that the necessary permission for the construction of the building had been granted by the office of the 7th respondent. However, the 10th respondent had refused to acknowledge the receipt of the said representation. Thereafter, the petitioner had sent a legal notice to the 10th respondent, under Section 80 of the Civil Procedure Code.

6. It had been further stated that the 8th respondent had threatened the petitioner, on 20.2.2014, with dire consequences. Further, an enquiry had also been ordered to be conducted by the Revenue Divisional Officer concerned, under Section 145 of the Criminal Procedure Code, by a proceedings, dated 4.2.2014. It had also been stated that a number of persons had put up illegal constructions, without obtaining any permission from the authorities concerned. Many commercial complexes, hotels and other buildings are being run, close to the Dargah, without obtaining any valid license, for carrying on their business. Even though an order had been passed by this Court, on 9.11.2012, in W.P.No.25819 of 2012, directing the Chief Executive Officer of St. Thomas Mount-cum-Pallavaram Cantonment Board, to take action against the unauthorized construction, no steps had been taken by the said authority, till date. While so, the int