M.Dhanam v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.04.2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K. SURENDER M.Dhanam W/o.Manicakam ... Petitioner vs.
1.
The District Collector Collectorate Salem Salem - 636 001.
2.
The Tahsildar Taluk Office Kadayampatty Kadayampatty Taluk Salem District.
3.
The Commissioner Kadayampatty Union Office Kadayampatty Taluk Salem District.
4.
The Joint Commissioner of Hindu Religious and Charitable Endowments Department Salem - 636 001.
5.
N.Rajasekar S/o.Nagaraj Page Nos.1/5
6.
J.Manikandan S/o.Jagadeesan ... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, directing the respondents 1 to 4 to consider the claim of the petitioner with regard to remove the encroachment made at Kanjanaikkan Patty Village, survey No.169/1 in the Panchayat Road of Kadayampatty Taluk, Salem District.
For Petitioner :
Mr.P.Rajendiran For Respondents :
Mr.T.Arunkumar Additional Government Pleader for R1 and R2 Dr.S.Suriya Additional Government Pleader, for R3 Mr.S.Ravichandran Additional Government Pleader HR&CE Department, for R4 Mr.T.Ganesan, for R5 and R6 *****
O R D E R
[Made by S.M.SUBRAMANIAM, J.,] The writ petition has been instituted seeking a direction to the respondents 1 to 4 to consider the claim of the petitioner with regard to remove the encroachment made at Kanjanaikkan Patty Village, Survey No.169/1 in the Panchayat Road of Kadayampatty Taluk, Salem District. Page Nos.2/5
2. The learned Additional Government Pleader, appearing on behalf of the Hindu Religious and Charitable Endowments Department, would submit that the authorities conducted an inspection and found that the temple properties are encroached upon. He would further submit that a civil suit has been instituted by the petitioner.
3. Under these circumstances, the competent authorities under the HR&CE Act have to initiate appropriate enforcement action to ensure that the temple properties are protected. If any encroachments are identified, eviction proceedings under Section 78 of HR&CE Act are to be initiated. The petitioner and the respondents are at liberty to defend their case in the manner known to law.
4. In view of the above factum, the respondents 2, 3 and 4 are directed to initiate appropriate action to evict the encroachers from the temple properties by following procedures contemplated under the HR&CE Act, within a period of twelve weeks from the date of receipt of a copy of this order.
Page Nos.3/5
With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs.
(S.M.S.,J.) (K.S.,J.) 27.04.2026 Index : Yes Speaking order / Non-speaking order mk To 1.
The District Collector Collectorate Salem Salem - 636 001.
2.
The Tahsildar Taluk Office Kadayampatty Kadayampatty Taluk Salem District.
3.
The Commissioner Kadayampatty Union Office Kadayampatty Taluk Salem District.
4.
The Joint Commissioner of Hindu Religious and Charitable Endowments Department Salem - 636 001.
Page Nos.4/5
S. M. SUBRAMANIAM, J., and K. SURENDER, J., mk 27.04.2026 Page Nos.5/5