The construction of the temple, although encroaching public land, does not currently obstruct public traffic; removal of unauthorized structures will occur only as necessary and according to law.

JUDGMENT :

G. JAYACHANDRAN, J.

This Public Interest Litigation is by a resident of Thanthai Periyar EVR Nagar, Tiruchy. As per his affidavit, Thanthai Periyar EVR Nagar was promoted by the Srirangam Co-operative Housing Building Society (the 6th respondent) in the year 1974. His father purchased a plot from the said Society and had constructed a house. On the west of this layout, the Madras Trunk Road and to the south, Thiruchi – Villupuram Railway line, runs. During the same period, the 7th respondent viz., K.S.Ganapathy Iyer, promoted his land situated nearby EVR Nagar and named it as 'Ganapathy Nagar'.

2.The grievance of the writ petitioner is that, in the year 2006, 20 feet width Madras Trunk Road running along these two layouts, was encroached and a temple by name, Adhi Parasakthi Kovil was constructed. In the year 2009, the seventh respondent applied to the surveyor for sub-division of the land in its occupation. On sub-division, proceedings were issued holding: a) T.S.No:2019/91-1 – Punja Measuring 111 sq mts with Adhi Parasakthi Kovil and b) S.No.2019/91-2 - Punja Measuring 411 sq mts with K.S.Ganapathy Iyer. When in the year 2015, the Railway Over bridge work was started on the Madras Trunk Road near EVR Nagar and Ganapathy Nagar, the underground tunnel was constructed beneath the Southern Railway Line in the 20 feet wide road space, so that, to and fro vehicular traffic could pass through. But then, the tunnel at the exit point is obstructed by the temple and a temporary construction was put up by the National Highways Authority of India (NHAI). Due to this obstruction, vehicles passing through the tunnels had to take a deviation to reach the trunk road. The information received through the Right To Information Act reveals that the Construction of the Adhi Parasakhti temple is without permission and on the land encroached.

3.The 8th respondent in its counter affidavit, questions the bonafideness of the writ petitioner. According to this respondent, the writ petition is not a Public Interest Litigation. The writ petitioner, who is running a garage used to occupy 40 feet road by parking all sort of vehicles coming to his garage. When that was questioned, there was a quarrel and out of animosity, the present petition is filed under the guise of public interest. Earlier a Writ Petition as PIL was filed by one Mohan Ram with similar allegation. The said W.P(MD)No.5546 of 2017 was dismissed holding that the land, upon which the temple stands, is a patta land.

4.According to the 8th respondent, in the year 1974 Ganapathy Iyer got approval from the Local Town Planning Authority for Ganapathy Nagar. Some of the purchasers of the flat from Ganapathy Iyer approached him for allocation of land for conducting weekly prayer meeting (Adhi Parasakhti Vara Vhazipadu). Ganapathy Iyer, the promoter of the layout granted permission to conduct the weekly prayer in about 1300 sq.ft. of land, on the North Eastern corner of the layout. In that place, a shed was eructed without any hindrance to the public. In the year 2004, the President of the weekly prayer group approached the Thasildar for grant of patta. After inspection, the Thasildar issued a joint patta in favour of the Adhi Parasakthi Charitable, Medical, Education and Cultural Trust, in respect of 4020 sq.ft. of land comprised in S.No: 2019-1 and 2056 –B 2 in Thimmarayasamudram Village, Periyar Nagar – Ganapathy Nagar, Thiruvanaikovil, Srirangam Taluk, Tiruchirapalli District. Based on the joint patta, the Trust is in