P.Senthil Murugan v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02-01-2026
CORAM
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY P.Senthil Murugan Petitioner Vs
1. The Commissioner, Hindu Religious and Charitable Endowments Department, Nungambakkam, Chennai - 600 034.
2.The District Collector, Erode District Collectorate, Erode - 638 009.
3.The Commissioner, Hindu Religious and Charitable Endowments Department, 9/2 Jeevanandam Nagar, Moolakkoundampalayam, Karur Bypass Road (Opposite Petrol Pump), Erode - 638 002.
4.The Revenue Divisional Officer RDO Office, Govindaraj Nagar, Pirivu Road, Erode 638 001.
5.The Tahsildar No.12, Panneerselvam Park, Erode - 638 001.
6.The Village Administrative Officer VAO Office, Town Panchayat Office Complex, Chithode, Erode - 638 102.
Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, forbearing the respondents 1 to 3 from in any manner fencing, altering, obstructing, or interfering with the petitioner's and
other residents' right of usage of the pathway in R.S.No.18/11A, Chithode Village, Erode Taluk, Erode District which is classfied as a "Nadupalayam Natham" in the revenue records.
For Petitioner:
Mr.J.Ranjith Kumar K.Vasanthanayagan For R1 & R3:
Mr.K.Karthikeyan Government Advocate For R2, R4, R5 & R6:
Mr.A.M.Ayya Durai Government Advocate
ORDER
The writ petition is for a prayer to forbear the first to third respondents from in any manner fencing, altering, obstructing or interfering with the petitioner's and other residents' right of usage of the pathway in R.S.No.18/11A, Chithode Village, Erode Taluk, Erode District which is classfied as a "Nadupalayam Natham" in the revenue records.
2. Heard the learned counsel for the petitioner, who would submit that the land in question does not belong to the temple and that the temple or the Hindu Religious and Charitable Endowments authorities cannot block the right of pathway of the petitioner and others.
3. Per contra, the learned Government Advocate, taking notice on behalf of the first and third respondents, would submit that the temple is not at all concerned with R.S.No.18/11A. The land belonging to the temple is Survey
No.104/1. The temple and the authorities are trying to secure the land belonging to the temple alone. It is further stated that the petitioner has encroached upon the temple land in Survey No.104/1 and that the authorities are only trying to remove the same.
4. The prayer in the writ petition is only with reference to R.S.No.18/11A. It is stated that no action is being taken with reference to the said survey number and the same is recorded. As far as Survey No.104/1 is concerned, the temple and the authorities are free to fence the same and remove the encroachment, if any, found in the temple land.
5. With the above observations, the writ petition stands disposed of. No costs.
02-01-2026 nsl
To
1. The Commissioner, Hindu Religious and Charitable Endowments Department, Nungambakkam, Chennai - 600 034.
2.The District Collector, Erode District Collectorate, Erode - 638 009.
3.The Commissioner, Hindu Religious and Charitable Endowments Department, 9/2 Jeevanandam Nagar, Moolakkoundampalayam, Karur Bypass Road (Opposite Petrol Pump), Erode - 638 002.
4.The Revenue Divisional Officer RDO Office, Govindaraj Nagar, Pirivu Road, Erode 638 001.
5.The Tahsildar No.12, Panneerselvam Park, Erode - 638 001.
6.The Village Administrative Officer VAO Office, Town Panchayat Office Complex, Chithode, Erode - 638 102.
D.BHARATHA CHAKRAVARTHY J.
nsl 02-01-2026