Arulmigu Pillaiyar Thirukovil v. The District Collector

2026:MHC:886

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-02-2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE C.KUMARAPPAN Arulmigu Pillaiyar Thirukovil Rep By Its Trustee Ayyam Perumal, S/o. Muthusamy, Thimmapuram Village, Chinna Salem Taluk, Kallakurichi District ..Petitioner(s) Vs

1. The District Collector Office Of The District Collector, Kachirampalayam Road, Kallakurichi District 606 202.

2. The District Revenue Officer, Office Of The District Revenue Officer, Office Of The District Collector, Kachirampalayam Road, Kallakurichi District - 606 202.

3. The Revenue Divisional Officer, Office Of The Revenue Divisional Officer, Kachirampalayam Road, Kallakurichi District - 606 202

4. The Taluk Tahsildar, Office Of The Taluk Tahsildar, Kachirampalayam Road, Kallakurichi District, Chinna Salem Taluk, Kallakurichi District

5. The Village Administrative Officer, Office Of The Village Administrative Officer, Thimmapuram Village,

Chinna Salem Taluk, Kallakurichi District

6. The Assistant Commissioner, Office Of The Assistant Commissioner, Hindu Religious And Charitable Endowments, Kallakurichi District

7. The Joint Commissioner, Office Of The Joint Commissioner, Hindu Religious And Charitable Endowments, Villupuram

8. The Inspector Of Police, Chinna Salem, Kallakurichi District

9. The Superintendent Of Police, Office Of The Superintendent Of Police, Kallakurichi District 10.P.Ramesh, 11.R.Manigandan, 12.L. Chinnadurai 13.M. Chakravarthi 14.M. Thangavel 15.Indira 16.N. Venkatesan 17.A. Muthu 18.A. Suseela 19.P. Jothi 20.A. Kolanji 21.A. Pownammal 22.M. Muthulingam

23.R. Pounraj 24.A. Nallathambi 25.V. Subramaniyan 26.M. Paranthaman 27.K. Kasi 28.S. Kasi 29.K. Arul, 30.L.Vyapuri 31.K. Ramalingam 32.L Periyasamy 33.R. Periyasamy, 34.S. Arumugam, 35.M. Thangavel 36.S. Vishnumani 37.C. Periyasamy 38.K. Srinivasan, 39.S. Rajendran, 40.P. Dharman 41.R. Rajendran ..Respondent(s) Writ Petition filed under Article 226 of the Constitution of India issuing writ of mandamus directing the 1st to 7th Respondents to remove the encroachment made by the private Respondents 10 to 41 in Survey Nos.67/1,

67/3 to 67/30 situated at Thimmapuram Village, Chinna Salem Taluk, Kallakurichi District as per the Order dated 10.01.2025 passed in M.P. No. 19 of 2024 by the 7th Respondent by availing necessary assistance of the 8th and 9th Respondents in the event of any obstruction from the encroachers and further direct the Official Respondents 1 to 4 not to issue Patta to the Private Respondents 10 to 41, based on the Petitioner's representation dated 06.10.2025 within a time frame to be stipulated by this Court. For Petitioner(s):

Mr.Siddarth Sridhar for Mr. R. Bharath Kumar For Respondent(s):

Mr. T. Arun Kumar Additional Government Pleader For Rr1 To 5 Mr.E.Sundaram Government Advocate for Mr.N.R.R.Arun Natarajan Special Government Pleader for R6 & 7 Mr.M.Banu Muthumeeran Additional Public Prosecutor for R8 & 9 NA for R10-41

ORDER

(Order of the Court was made by S.M.Subramaniam J.) Writ Petition has been instituted seeking direction to 1st to 7th Respondents to remove the encroachment made by the private Respondents 10 to 41 in Survey Nos.67/1, 67/3 to 67/30 situated at Thimmapuram Village, Chinna Salem Taluk, Kallakurichi District as per the Order dated 10.01.2025 passed in M.P. No. 19 of 2024 by the 7th Respondent by availing necessary assistance of the 8th and 9th Respondents in the event of any obstruction from the encroachers and further direct the Official Respondents 1 to 4 not to issue Patta to the Private Respondents 10 to 41, based on the Petitioner's representation dated 06.10.2025 within a time frame.

2.

Learned counsel for the petitioner would submit that petitioner is a temple, and the properties belonging to the temple are under encroachment. Several representations are submitted to authorities, including the Joint Commissioner, HR&CE Department.

3. Once a complaint is received regarding encroachment of temple properties, temple authorities as well as the competent authorised are bound to conduct an inspection, and initiate action for removal of encroachment to safe guard the temple properties. Officials, failing in their duty to protect temple properties are liable for commission of lapses, negligence and dereliction of duty.

4. Learned counsel for the petitioner would submit that several complaints have been submitted for removal of encroachments and to resume the temple properties, but the HR & CE officials have not taken any action. He would further submit that Tahsildar is taking steps to issue patta in respect of the temple properties.

5. In view of the above position, respondents 6 and 7, namely, Assistant Commissioner (HR&CE) and Joint Commissioner (HR&CE) are directed to initiate appropriate action against the Tahsildar, if any such pattas have been issued to the encroachers. Appropriate steps are to be taken to protect temple

properties, if necessary, by providing documents to revenue authorities.

6. Further, 6th and 7th respondents are directed to conduct an inspection and identify encroachments in the temple properties and initiate eviction proceedings under Section 78 of the HR & CE Act, and remove the encroachments by following procedure and by affording opportunity to encroachers. The entire exercise is directed to be completed within 4 months from the date of receipt of this order.

7. With the above directions, the writ petition is disposed of. No costs. Consequently, the connected miscellaneous petitions, if any, are closed. (S.M.S.,J.) (C.K.,J.) 25-02-2026 Index: Yes/No Speaking/Non-speaking order GD To

1. The District Collector Office Of The District Collector, Kachirampalayam Road, Kallakurichi District 606 202.

2. The District Revenue Officer, Office Of The District Revenue Officer, Office Of The District Collector, Kachirampalayam Road, Kallakurichi District - 606 202.

3. The Revenue Divisional Officer, Office Of The Revenue Divisional Officer, Kachirampalayam Road,

Kallakurichi District - 606 202

4. The Taluk Tahsildar, Office Of The Taluk Tahsildar, Kachirampalayam Road, Kallakurichi District, Chinna Salem Taluk, Kallakurichi District

5. The Village Administrative Officer, Office Of The Village Administrative Officer, Thimmapuram Village, Chinna Salem Taluk, Kallakurichi District

6. The Assistant Commissioner, Office Of The Assistant Commissioner, Hindu Religious And Charitable Endowments, Kallakurichi District

7. The Joint Commissioner, Office Of The Joint Commissioner, Hindu Religious And Charitable Endowments, Villupuram

8. The Inspector Of Police, Chinna Salem, Kallakurichi District

9. The Superintendent Of Police, Office Of The Superintendent Of Police, Kallakurichi District

S.M.SUBRAMANIAM, J.

AND C.KUMARAPPAN, J.

GD 25-02-2026