Rathinam v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08-06-2026
CORAM
THE HON'BLE DR JUSTICE G. JAYACHANDRAN AND THE HON'BLE MRS.JUSTICE N. MALA Writ Petition No. 18030 of 2026 Rathinam ..Petitioner Vs
1. The District collector Salem, Salem District.
2. The Commissioner, Hindu Religious and Charitable Endowments Department (HR and CE), Salem.
3. The Revenue Divisional Officer, Mettur Taluk, Salem District.
4. The Tahsildar, Mettur Taluk, Salem District.
5. Kannan
6. Pachamuthu
7. Radha
8. Mohan
9. Manickam 10.Govindan 11.Samidurai 12.Perumal 13.Muthammal ..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India,
praying to issue a Writ of Mandamus, directing the Respondents Nos.1 to 4 to remove the encroachments put forth in Survey Numbers 29/14, 29/27, 29/30 and 29/34 at Irattai Puliyamarathur, Veerakkal Puthur Village, Mettur Taluk, Salem District to a total extent of 11 acres made by the respondent Nos.5 to 13 and also other illegal encroachers in pursuance of petitioners representation dated 11/03/2026 within a time frame.
For Petitioner:
Mr.C.Deepakkumar For Respondents Mr.K.Surendar, Government Advocate For R1 to R4
ORDER
(Order of the Court was made by Dr.G.Jayachandran J.) Writ Petition in W.P.No.31137 of 2022 filed by one Tamil Selvan seeking a similar relief to that sought in the present writ petition, was considered by a different Division Bench of this Court on 06.04.2026 and the same was disposed of with the following observations: "The learned Additional Government Pleader based on instructions would submit that a fair price shop has been constructed and the Authorities found that it is a temple land.
2.Therefore, it is for the temple to set out their claims if any exists. However, the subject property is not Government Poramboke land or the land belongs to the Government and thus, the question of issuing direction to evict the encroachments would not arise at all. However, it
is for the temple to initiate appropriate actions if the temple lands are under un-authorised occupation." 2.
In paragraph 4.1 of the writ affidavit, the fact of the pendency of the earlier writ petition has been disclosed. However, after filing of the present writ petition, the Division Bench has disposed of the earlier writ petition filed for similar relief. For the sake of judicial uniformity and to avoid inconsistency, we find it appropriate that the present writ petition be disposed of in terms of the order passed in the earlier matter.
3.
In view of the above, this Writ Petition is disposed of. No costs. (G.J.,J.) (N.M.,J.) 08-06-2026 Index: Yes/No Speaking/Non-speaking order rpl To
1. The District collector Salem, Salem District.
2. The Commissioner, Hindu Religious and Charitable Endowments Department (HR and CE), Salem.
3. The Revenue Divisional Officer, Mettur Taluk, Salem District.
4. The Tahsildar, Mettur Taluk, Salem District.
DR.G.JAYACHANDRAN J.
and N.MALA J.
rpl Writ Petition No. 18030 of 2026 08-06-2026