The first bench, comprising Chief Justice Sanjay Kishan Kaul and Justice M Sathyanarayanan, stated this while dealing with a PIL filed by one R.Narashimman over encroachment of land belonging to the Peeliamman Temple by one S Ravi who was carrying out unauthorized construction.
"It is shocking to learn that despite the Corporation authorities stop-work notice, the work still goes on and it is not as if something has not come to the knowledge of the Commissioner, Corporation of Chennai. If the Corporation officer/officers are incapable of performing their duties, then it is better they are dispensed with from the Department."
The petitioner said he, along with members of the public, filed a complaint, with the help of temple authorities.
He also submitted that the Hindu Religious &Charitable Endowments department, under which this land falls, had also stopped the work and after evicting the encroachments, restored the well and erected a board, stating that the land and well are its properties.
Corporation officials inspected the site and found the construction is illegal and issued a stop-work notice to Ravi. But even after the notice was pasted on the work site, he continued the illegal construction.
The bench said "It cannot be the function of the Court now to supervise each administrative action of the Corporation."
It directed the counsel for the Commissioner to file a status report in three days and also for the officer who issued the stop-work notice to be present in court on December 3.
The bench also directed issue of a notice to the man who continued the illegal construction to submit reply by December 3.
