S.Nithya v. The District Collector

2026:MHC:463

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-02-2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE C.KUMARAPPAN S.Nithya ..Petitioner(s) Vs

1. The District Collector Tiruvannamalai District, Tiruvannamalai

2. The Commissioner Vandavasi Municipality, Vandavasi, Tiruvannamalai District

3. The Tahsildar Vandavasi Taluk, Tiruvannamalai District

4. V.Gunasekaran Secretary, Arulmigu Santhosa Vinayagar Aalayam, Gajalakshmi Nagar, Vandavasi, Tiruvannamalai District

5. The Village Administrative Officer, Vandavasi Town/village, Thiruvannamalai District.

(R5 Suo Motu Impleaded Vide Order Dated 12.11.2025 Made In WP.No.41504 of 2025) ..Respondent(s)

Writ Petition filed under Article 226 of the Constitution of India directing the 1st to 3rd respondents to consider the petitioner's representation dated 09.06.2025 and remove the temple encroachment constructed in survey Number 277 /4 (T.S.No.63/2 in Block-3, Ward-D) situated at Samundeshwari Street, Gajalakhmi Nagar, Vandavasi Taluk, Tiruvannamalai District. For Petitioner(s):

Ms.T.Sreelekha For Respondent(s):

Mr.T.Arunkumar Additional Government Pleader for R1-3 & 5.

No appearance for R4

ORDER

(Order of the Court was made by S.M.Subramaniam J.) Writ Petition has been instituted to direct respondents 1 to 3 to consider the petitioner's representation dated 09.06.2025 and remove the temple encroachment constructed in survey Number 277 /4 (T.S.No.63/2 in Block-3, Ward-D) situated at Samundeshwari Street, Gajalakhmi Nagar, Vandavasi Taluk, Tiruvannamalai District.

2. Learned Additional Government Pleader relying on the written instructions given by Tahsildar, Vandavasi would submit that the authorities conducted survey and found that the temple land is not an encroachment. It is a presumption, based on which, petitioner claimed that it is a public road. On verification of revenue records, authorities found that land belongs to the temple. That being the factum, relief as such sought for to evict the

encroachers does not arise at all. If any title dispute exists, the petitioner has to approach the competent Civil Court.

3. With the above observations, writ petition is dismissed. No costs. Consequently, the connected miscellaneous petitions, if any, are closed. (S.M.S.,J.) (C.K.,J.) 04-02-2026 Index: Yes/No Speaking/Non-speaking order GD To

1. The District Collector Tiruvannamalai District, Tiruvannamalai

2. The Commissioner Vandavasi Municipality, Vandavasi, Tiruvannamalai District

3. The Tahsildar Vandavasi Taluk, Tiruvannamalai District

4. V.Gunasekaran Secretary, Arulmigu Santhosa Vinayagar Aalayam, Gajalakshmi Nagar, Vandavasi, Tiruvannamalai District

5. The Village Administrative Officer, Vandavasi Town/village, Thiruvannamalai District.

S.M.SUBRAMANIAM, J.

AND C.KUMARAPPAN, J.

GD 04-02-2026