Dhanasekaran v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.08.2025 CORAM :

THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE SUNDER MOHAN W.P.No.29925 of 2025 Dhanasekaran S/o Munusamy Dharmakartha, Thimmarayan @ Perumal Temple, Veppanatham Village, K. Vedrapatti Post Vadugapatti Panchayat, Harur Taluk, Dharmapuri District Petitioner Vs 1.The District Collector Dharmapuri Dharmapuri District 2.The Thasildhar Harur, Dharmapuri District 3.The Assistant Commissioner HR & CE Department, Dharmapuri, Dharmapuri District

4.Sankar S/o Vediyappan 5.Jayawardhana S/o Palani 6.Perumal S/o Andi 7.Chennakrishnan S/o Karuppa Chetty 8.Subramani S/o Koorangali 9.Ponnusamy S.o.Kuttaya Goundar Respondents 4 to 9 Residing at Veppanatham Village, K.Vedrapatti Post, Vadugapatti Panchayat, Harur Taluk, Dharmapuri District Respondents PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents 1 to 3 to consider the petitioner's representation dated 11.03.2025 and remove the illegal and un-authorized constructions made by the respondents 4 to 9 and others in land absolutely belong to the Thimmarayan @ Perumal Temple, comprised in S.No.14 measuring to an extent of 3.84 acres situated at Veppanatham Village, K. Vedrapatti Post, Vadugapatti Panchayat, Harur Taluk, Krishnagiri District.

For Petitioner:

Mr.K.Thiruvengadam For Respondents:

Mr.K.Karthik Jagannath Government Advocate for respondent Nos.1 and 2 Mr.K.Karthikeyan Govt. Advocate (HR&CE) for respondent No.3

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The petitioner, who claims to be a trustee of Thimmarayan @ Perumal Temple, has filed this petition aggrieved by the alleged inaction on the part of the respondent authorities in holding an enquiry on the compliant relating to the encroachments on the temple land.

2. Learned counsel for the State, on advance copy, would submit that the complaint made by the petitioner shall be duly enquired into and expeditiously disposed of.

3. Taking into consideration that the representation/complaint

was made way back on 11.03.2025, the enquiry ought to have been initiated by now.

Be that as it may, if enquiry has not been initiated so far, it should be initiated and proper survey should also be conducted to verify the allegation and appropriate action, if warranted, should also be taken.

4. The respondent authorities shall do well to conclude the enquiry within a period of three months.

5. Petition is disposed of. There shall be no order as to costs. We make it clear that we have not expressed any opinion on the merits of the case. Moreover, if certain persons are alleged to be the encroachers, they should also be given opportunity of hearing by giving notices as provided under law.

(MANINDRA MOHAN SHRIVASTAVA, CJ) (SUNDER MOHAN,J) 11.08.2025 Index :

Yes/No :

Yes/No bbr

To:

1.The District Collector Dharmapuri Dharmapuri District 2.The Thasildhar Harur, Dharmapuri District 3.The Assistant Commissioner HR & CE Department, Dharmapuri, Dharmapuri District

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

bbr W.P.No.29925 of 2025 11.08.2025