M/S. Sri Nidhya Kalyanaperumal Alayaseva Trust, v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.01.2026

CORAM

THE HON'BLE MR.MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE G.ARUL MURUGAN M/s. Sri Nidhya Kalyanaperumal Alayaseva Trust Rep. by its Managing Trustee T.Dhayalan :

Petitioner Vs 1.The District Collector Chengalpattu District District Collectorate Office GST Road, Chengalpattu- 603 001 2.The Commissioner Tambaram City Municipal Corporation 28, Muthurangamudali Street West Tambaram, Chennai-600 045 :

Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to forthwith remove the unauthorized construction of the water tank and building from the patta land belonging to the Sree Nithyakalyana Perumal Temple situated in Survey No.97 Patta No.559 Peerkankaranai Village

Chengalpatu District and direct the Respondents to deposit the rental income and the amount collected from water charges from the said unauthorized construction into the account of the Temple Trust on the basis of the Representation dated 23.05.2025. For Petitioner :

Mr.P.Gunaraj For Respondents :

Mr.E.Vijay Anand, Additional Government Pleader, for the first respondent Mr.P.Srinivas, Standing counsel, for the second respondent

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The allegation made in the petition is that a water tank was constructed on a land comprised in patta standing in the name of Sree Nithyakalyana Perumal Alaya Seva Trust, situate in S.No.97, Patta No.559, Peerkankaranai Village, Chengalpattu District, created for worship and management of the temple. Curiously enough, the petitioner seeks an alternative relief that either the tank should be removed or petitioner should be paid rental income.

2. The issue raised in this petition involves disputed questions of facts. Therefore, the writ court is not inclined to go into the same. Giving liberty to the petitioner to file suit, the petition is dismissed. There will be no order as to costs.

(MANINDRA MOHAN SHRIVASTAVA, CJ.) (G.ARUL MURUGAN, J.) 28.01.2026 Index : Yes/No : Yes/No tar To 1.The District Collector Chengalpattu District District Collectorate Office GST Road, Chengalpattu- 603 001 2.The Commissioner Tambaram City Municipal Corporation 28, Muthurangamudali Street West Tambaram, Chennai-600 045

THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN , J.

(tar) 28.01.2026