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Madras High CourtWP/4408/2025disposed of with direction

Kumaran Kuntru Arulmigu v. The District Collector

2025-10-10Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.10.2025

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Kumaran Kuntru Arulmigu Selvamuthu Kumarasamy Thirukovil Trust Rep. by its President R.Yuvaraj S.F.544/1, Perumanallur Via Eativeerampalayam Village, Avinashi Taluk, Tiruppur District.

... Petitioner Vs.

1.The District Collector, Tiruppur District, Tiruppur.

2.Amutha 3.Mayangathaal (R2 and R3 - impleaded as per the order of this Court dated 10.10.2025 in WMP.No.43017 of 2025 in WP.No.4408 of 2025 by MDIJ) 4.R.Kaliappan (R4 - impleaded as per the order of this Court dated 10.10.2025 in WMP.No.25749 of 2025 in WP.No.4408 of 2025 by MDIJ) ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to 1/4

issue a Writ of Mandamus directing the respondent herein to consider the petitioner's representation dated 13.01.2025 sent for requesting the respondent not to put the lands surrounding Arulmigu Kumaran Kundru Arulmigu Selvamuthu Kumarasamy Temple situate at S.F.No.544/1, Eativeerampalayam Village, Perumanallur Via, Avinashi Taluk, Tiruppur District for different use, within a stipulated period. For Petitioner : Mr.K.Govi Ganesan For Respondents : Mrs.S.Anitha for R1 Special Government Pleader Ms.M.N.Sumathy for impleaded respondents

O R D E R

This writ petition has been filed seeking issuance of Writ of Mandamus directing the respondent to consider the petitioner's representation dated 13.01.2025 sent for requesting the respondent not to put the lands surrounding Arulmigu Kumaran Kundru Arulmigu Selvamuthu Kumarasamy Temple situate at S.F.No.544/1, Eativeerampalayam Village, Perumanallur Via, Avinashi Taluk, Tiruppur District for different use, within a stipulated period. 2.The learned counsel appearing for the petitioner submitted that the petitioner trust is registered under Trust Act and the said 2/4

Trust was formed for the avowed objects of developing Arulmigu Selvamuthu Kumarasamy Temple situate at S.F.No.544/1, Eativeerampalayam Village, Perumanallur Via, Avinashi Taluk, Tiruppur District and the said Temple is in existence from 1900. The petitioner apprehends that the Government of Tamil Nadu is going to use the vacant space around the Temple for some other purpose and hence made representation to the first respondent seeking to not to use it for some other purpose, however, there is no response. 3.The learned Special Government Pleader appearing for the first respondent submitted that the land in which the said Temple is situated is classified as kallankuthu un assessed waste and allotted for down trodden and migrated people and further submitted that the Temple and its land will be protected in the manner known to law. 4.

The learned counsel appearing for the newly impleaded respondents submitted that the newly impleaded respondents were allotted land in the said kallankuthu un assessed waste and hence, without affecting their rights, the Temple land may be protected in the manner known to law.

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M.DHANDAPANI,J.

pri 5.In view of the above, this writ petition is disposed of with direction to the first respondent not to alienate the property if it is owned by the Temple and if already any patta was issued to the down trodden, the same may not be disturbed by the first respondent. No costs.

10.10.2025 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To 1.The District Collector, Tiruppur District, Tiruppur.

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