Selvaganapathy v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.08.2025 CORAM :

THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE SUNDER MOHAN Selvaganapathy ..

Petitioner Vs.

1. The Secretary to Government HR1 Department, Chief Secretariat Puducherry - 1.

2. The Commissioner Hindu Religious Institutions Department 3rd Floor, Pondy Collectorate Vazhadhavur Road, Puducherry.

3. The Director Directorate of Survey and Settlement and Land Records Puducherry.

4. The District Collector Karaikal, Puducherry State.

5. The Deputy Collector (Revenue), Karaikal - 609 602 Puducherry State.

6. Arulmigu Adhipureeswarar Swamy Devasthanam Rep. by its Temple Administrative Officer Easwaran Kovil Street Keezhakasakudi - 609 609 Koottucherry Post, Karaikal District Puducherry State.

7. Sulthan Ahamad Natchiyal

8. Asiya Ummal

9. Rabiyathul Basiriyaa 10.Sithi Farithaa Ummaal 11.Husain Ummal 12.Mohammed Ali 13.Mohammed Irfaan 14.Mohammed Sarabath Ali 15.Mohammed Iqbal Maraikyar 16.Sulthan Muhaitheen Maraikayar 17.Saithu Saalihaa Natchiyaal 18.B.Chandiran 19.HT Ansary 20.Thandone Buvaneswary 21.Shak Alavutheen 22.Shahira Baanu 23.Umma Salma @ Salmachi 24.Parveen Mumthaj 25.Ibrahimsha Maraikar 26.Sulthan Ahamad Natchiyal 27.Asiya Ummal 28.Uma Maheshwary 29.R.Kalaiyarasi 30.Vasantha 31.L.Devahi 32.Uma Maheswary 33.Balaji Ramakrishnan 34.Punitha 35.R.Seetharaman 36.Kothai Nayahi 37.Gunasekaran 38.Kalaichelvi ..

Respondents

Prayer : Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents 1 to 6 to remove the encroachment made by the respondents 7 to 38 in the temple land situated in No.14-Keezhakasakudy in Ward H, Block 3, T.S.Nos.2, 3, 8, 9, 10, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 29, 37 and 39 and in T.S.Nos.15 and 38 and No.14, Keezhakasakudy in Ward H, Block 7, T.S.Nos.3/1, 3/2, 4, 9, 10, 11, 12, 13 and 47 and in T.S.Nos.5/2, 6, 8/1 and 8/2.

For Petitioner :

Mr.C.Prakasam For Respondents :

Mr.Ravee Kumar Government Advocate (Puducherry) for R1 to R6 Mr.N.Manokaran for R7 to R11, R13 to R16, R28 to R30 Mr.M.Purushotham for R18, R28, R34, R33, R19, R31, R37 & R35

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Encroachment of temple land is the issue raised in this petition.

2. Learned counsel for official respondents would submit that in compliance of the earlier order passed by this Court on 05.06.2025, survey was carried out and number of encroachments were found and that petitioner is also one of the encroachers.

3. At this stage, learned counsel for private respondents would submit that after receipt of the notice, private respondents claim to be in valid possession and have also approached this Court by filing a writ petition, wherein, the Court has issued notices and interim order has been granted on 07.07.2025.

4. We find that the allegation that no action has been taken on encroachment no longer subsists, as, proceedings have already been initiated by the concerned respondent. Moreover, private respondents have all the right to protect their possession through legal process. They have approached this Court by filing a writ petition, wherein, interim order has been granted and their possession has also been protected. Therefore, the purpose of filing

this petition is served.

5. We also noticed that the petitioner himself has been found to be an encroacher and it is one reason why, at the instance of the petitioner, public interest litigation should not be entertained. Petition is dismissed. There shall be no order as to costs. (MANINDRA MOHAN SHRIVASTAVA, CJ) (SUNDER MOHAN,J) 05.08.2025 Index :

Yes/No Yes/No kpl To

1. The Secretary to Government HR1 Department, Chief Secretariat Puducherry - 1.

2. The Commissioner Hindu Religious Institutions Department 3rd Floor, Pondy Collectorate Vazhadhavur Road, Puducherry.

3. The Director Directorate of Survey and Settlement and Land Records Puducherry.

4. The District Collector Karaikal, Puducherry State.

5. The Deputy Collector (Revenue), Karaikal - 609 602 Puducherry State.

THE HON'BLE CHIEF JUSTICE AND SUNDER MOHAN,J.

(kpl) 05.08.2025