Back
2026 Supreme(Online)(Mad) 35426
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Sushrut Arvind Dharmadhikari, CJ, G.Arul Murugan, J
Sri Prasanna Venkata Narasimha Perumal Temple – Appellant
Versus
The Commissioner Greater Chennai Corporation – Respondent
WP No.15813 of 2026|O.S. No.5133 of 2025
For the Appellants/Petitioners: Mr.L.Dhamodharan
For the Respondents: Mr.P.Dinesh Kumar, Standing Counsel
Writ petition not entertainable when civil suit pending for similar relief.
Headnote:Article 226 of the Constitution of India. Petitioner temple seeks mandamus directing authorities to address unauthorized construction on temple property by private respondents, amid pending civil suit O.S. No.5133 of 2025 for possession recovery. Court finds writ inappropriate as parallel civil proceedings exist.
Issues: Whether writ lies when civil suit pending for identical relief. Court holds petitioner must pursue remedies in ongoing suit, declining entertainment of petition. Petition dismissed without costs.
| Table of Content |
|---|
| 1. writ seeks mandamus against unauthorized construction. (Para 1) |
| 2. pending civil suit for possession recovery. (Para 2) |
| 3. writ dismissed; pursue remedies in pending suit. (Para 3) |
7.Ms. Tamilselvi D/o. D. Swaminathan respondents 5, 6 and 7 residing at Old No.41-A, New No.48 Perumal Koil Street, Saidapet, Chennai-600 015 : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing respondents 2 and 3 to consider and dispose of the petitioner’s representation dated 06.03.2026 with regard to the illegal and unauthorized construction put up by respondents 5 to 7 in the temple property bearing Old Door No.48 and New Door No.104 situated at Perumal Koil Street Saidapet Chennai-600 015 falling within Zone-10 Division-142, Block No.19, Town Survey No.26 comprised in Saidapet Village Mambalam Taluk, Chennai District within a time frame.
For Petitioner : Mr.L.Dhamodharan For Respondents : Mr.P.Dinesh Kumar, Standing Counsel, for respondents 1 to 4 ORDER (Order of the Court was made by the Hon'ble Chief Justice)
This writ petition filed under Article 226 of the Constitution of India, seeks a Writ of Mandamus directing respondents 2 and 3 to consider and dispose of the petitioner’s representation dated 06.03.2026 with regard to the illegal and unauthorized construction put-up by respondents 5 to 7 in the temple property bearing Old Door No.48 and New Door No.104 situated at Perumal Koil Street, Saidapet, 2. As per the averments in the affidavit filed in support of the petition, the petitioner herein has already filed a suit in O.S. No.5133 of 2025, which is pending before the learned VII Assistant Judge, City Civil Court, Chennai, seeking recovery of possession of the subject property and other consequential reliefs in accordance with law.
3. When the suit is pending, the petitioner could not have filed this writ petition for similar relief. The petitioner would be at liberty to workout his remedies in the pending suit. We are, therefore, not inclined to entertain this petition. Accordingly, the petition stands dismissed. There will be no order as to costs.
