ORDER :

N.KIRUBAKARAN, J.

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the Fourth Respondent herein in G.No. 61911/2018M.H.6, dated 23.07.2018 and quash the same and consequently, direct the Respondents herein to hold that the Arulmighu Karpaga Vinayagar, Arulmighu Kasiviswanathar, Arulmighu Kasi Visalakshmi and Arulmighu Balamurugan Temples situated in Kani Nilam Layout, Ward No. 28, Saravanampatty (formerly Ward No.15, Saravanampatty Town Panchayat), Coimbatore Corporation would also fall under public purpose, based on the petitioner representation dated 18.06.2018.

The matter was heard through "Video Conference".

2. The Petitioner has come before this Court challenging the order dated 23.07.2018 passed by the Fourth Respondent Coimbatore Corporation, by which the allotment sought for by the Petitioner for Temples, which had already been constructed as early as 1982, has been rejected.

3. The Petitioner submits that he is one of the land owners in 'Kaani Nilam' layout, which is a duly approved layout formed in the year 1988. There are totally 38 housing plots and about 13,200 square feet have been retained for public purposes in the said layout. Out of the total area of 13200 square feet of land, 2236 square feet had been used for constructing four Temples viz., Arulmigu Karpaga Vinayagar Temple, Arulmigu Kasi Viswanathar Temple, Arulmigu Kasi Visalakshi Temple and Arulmigu Balamurugan Temple, at the time of formation of the said layout.

4. A Writ Petition has been filed in W.P. No. 29261 of 2014 seeking Writ of Mandamus directing the Commissioner, Coimbatore City Corporation, Coimbatore to remove the encroachment/ Temple structures found in the reserve site of DTCP approved layout in S.F. No. 355/1, Ward No.28, Saravanampatti, Coimbatore Municipal Corporation. The said Writ Petition was disposed on 10.04.2015 with a direction to take action within a period of four weeks. Subsequently, one Mr. C.Palanisamy filed a Writ Petition in W.P. No. 30373 of 2014 challenging the order dated 19.07.2014 passed by the Commissioner, Coimbatore City Corporation, Coimbatore – 641 001 to restrain the official Respondents to interfere with the said Writ Petitioner's peaceful possession, which was also disposed on 10.04.2015. Subsequently, the Petitioner filed a Writ Petition in W.P. No. 19535 of 2017 directing the Respondents therein to pass necessary orders on the Petitioner's representation dated 15.07.2017. The said Writ Petition was dismissed with liberty to the Petitioner to work out his remedy by order dated 08.08.2017. Subsequently, the Petitioner approached the Respondents with a request to allot the said land in that layout for the purpose of Temple. That representation has been rejected. The said order is being challenged before this Court.

5. Heard Mr. G.Karthikeyan, Learned Counsel for the Petitioner, Mrs. R.Anitha, Learned State Government Counsel appearing for the First and Fifth Respondents and Mr. J.Sathya Narayana Prasad, Learned Counsel appearing for the Second to Fourth Respondents, and perused the materials placed on record, apart from the pleadings of the parties.

6. It is evident from the records available, especially, status report filed by the Second Respondent that 13,200 square feet has been earmarked for the public purposes in that approved layout, namely, Kaani Nilam, vide LP/DTCP No.462/1988 which is situated in Ward No. 28, North Zone of Coimbatore City Municipal Corporation. The said layout was formed on 03.10.1988 and approval was given in the year 1991 vide K.Dis. 598/88 dated 11.01.1991. Out of the total area of 13,200 square feet, which is meant for public purposes, 2236 square feet of land has been utilized for constructing the aforesaid four temples, which were in existence even before the erstwhile Saravanampatti Town Panchayat got merged with Coimbatore City