D.Murugaiyan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.04.2026

CORAM:

THE HONOURABLE Mr. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE Mr. JUSTICE K.SURENDER Mr.D.Murugaiyan, S/o.Dhandapani

...Petitioner

Vs.

1. The District Collector, Puducherry.

2. The Office of Tahsildar, Taluk Office, Oulgaret Town Panchayat, Panchayat - 605 010.

3. The Commissioner, The Department of Hindu Religious Institution, Pondicherry - 605 010.

4. The Special Officer, Sri Arulmigu Meenatchi Sundareswaran and Murthumariamman Devasthanam, Eshwarankovil Street, Marie Oulgaret, Puducherry - 605 010.

5. Murugan, S/o.Paavadai

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 to 4 to conduct survey of the temple and survey No.179, 180 N "Sri Arulmigu Meenatchi Sundareswarar and Muthumariamman Temple", Marie Oulgaret, Puducherry and 1/4

remove encroachment, and retrieve the said temple's land within stipulated time.

For Petitioner : Mr.P.R.Thiruneelakandan For Respondents :

Dr.B.Ramaswamy Additional Government Pleader [Puducherry] [R1 to R4] MR.S.Kasiramalingam [R5] Order [Order of the Court was made by S.M.SUBRAMANIAM, J.] The writ petition has been filed to direct the respondents 1 to 4 to conduct survey of the temple in survey No.179, 180 N "Sri Arulmigu Meenatchi Sundareswarar and Muthumariamman Temple", Marie Oulgaret, Puducherry and remove encroachment, and retrieve the said temple's land within stipulated time.

2. The learned Additional Government Pleader (Puducherry) appearing for the respondents 1 to 4 relying on the counter affidavit filed by the 3rd respondent/Commissioner, Department of Hindu Religious Institutions & Wakf, would submit that the subject encroachment has already been removed. The relevant paragraph in the counter affidavit reads as under: "7. I most respectfully submit that the above sequence of events-prompt direction to Tahsildar on 2/4

29.10.2021 upon receipt of Special Officer's letter dated 11.10.2021, comprehensive survey of expanded area at Stakeholders' request culminating in report dated 12.09.2025, and physical removal of the sole identified encroachment on 06.04.2026 with productive reuse by temple-unequivocally demonstrates that this Department has not only duly discharged its statutory obligations under Sections 3A and 25 of the Puducherry Hindu Religious Institutions Act, 1972 towards protection of temple properties but has done so with exemplary diligence." In view of the fact that the encroachment has already been removed, the present writ petition stands disposed of. No costs.

[S.M.S., J.] [K.S, J.] 20.04.2026 mp Index: Yes Speaking Order/ Non-speaking order 3/4

S.M.SUBRAMANIAM, J.

AND K.SURENDER, J.

mp To

1. The District Collector, Puducherry.

2. The Office of Tahsildar, Taluk Office, Oulgaret Town Panchayat, Puducherry - 605 010.

3. The Commissioner, The Department of Hindu Religious Institution, Pondicherry - 605 010.

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