Madras High CourtWP/27433/2021disposed of

R.Rathinam v. The Joint Commissioner,

2026-03-09Honourable Mr Justice S. M. Subramaniam,Honourable Mr.Justice K. Surender4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-03-2026

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K.SURENDER W.P.No.27433 of 2021 R.Rathinam ..Petitioner Vs

1. The Joint Commissioner, Hindu Religious and Charitable Endowments Administration Department, Salem.

2. The Assistant Commissioner, Hindu Religious and Charitable Endowments Administration Department Salem.

3. The Executive Officer, Arulmigu Pasupatheeswarar Swamy Thirukoil, Mecheri.

4. The Sub Collector, Mettur Taluk, Taluk Office, Salem District.

5. The Tahsildar, Mettur Taluk, Taluk Office, Salem.

6. The Executive Officer, Mecheri Town Panchayat, Mecheri Town, Mettur Taluk, Salem District.

7. C.Natarajan

8. A.Chandrasekar

9. A.Ayyadurai 10.G.Thangavel 11.P.Saravanan ..Respondent(s)

Prayer: Directing the respondents 4 and 6 to construct a compound wall in the north and eastern boundaries of the land comprised in S.No.175 A / 4B, Mecheri Village, Mettur Taluk, Salem District measuring an extent of 0.46 Acres belonging to the idol of Arulmigu Pasupatheeswarar Temple, Mecheri after removing the encroachments by the respondents 7 - 11 in the same and on failure of the same directing the other respondents 1- 5 to evict the 6th respondent from the said lands. For Petitioner:

Mr.D.Lakshmipathy For Respondent(s):

Mr.S.Ravichandran, AGP (HR&CE) for R1 to 3 Mr.M.S.Premkumar, GA for R4 & R5 Mr.A.N.Ayyadurai, GA for R6 Mr.M.R.Jothimanian for R7 to 9 & 11 Mr.R.Elavarasan for R10 *****

O R D E R

(Order of the Court was made by S.M.Subramaniam J.) Writ of Mandamus has been instituted, directing the respondents 4 and 6 to construct a compound wall in the north and eastern boundaries of the land comprised in S.No.175A/4B, Mecheri Village, Mettur Taluk, Salem District, measuring an extent of 0.46 Acres belonging to the idol of Arulmigu Pasupatheeswarar Temple Mecheri after removing the encroachments by the respondents 7 to 11 in the same and on failure of the same directing the other respondents 1- 5 to evict the 6th respondent from the said lands.

2. The relief as such sought for in the writ petition cannot be granted. Regarding encroachment, learned Additional Government Pleader appearing for HR & CE would submit that Authorities conducted inspection and found that respondents 7 and 8 have not encroached upon Temple property. As far as respondents 6, 9, 10 and 11 are concerned, they have encroached upon a portion of Temple property. He would further submit that Authorities have already initiated eviction proceedings by invoking Section 78 of HR & CE Act.

3. In view of the above submission, the competent authority of HR & CE Department as well as Temple administration are directed to initiate eviction proceedings for eviction of encroachers from the Temple property and utilize the land for the benefit of Temple and for the purpose for which it was donated by Donors, by following procedures as contemplated under the Act and Rules made thereunder. The said exercise is directed to be completed as expeditiously as possible.

S.M.SUBRAMANIAM,J.

AND K.SURENDER,J.

4. With the above observations, the present Writ Petition stands disposed of. No costs.

(S.M.S.,J.) (K.S.,J.) 09-03-2026 Index: Yes/No Speaking/Non-speaking order AR To: