P.Mathivanan v. The Commissioner,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 12.06.2026

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR and THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN P.Mathivanan ... Petitioner Vs.

1. The Commissioner, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai-600 034.

2. The District Collector,

3. The District Revenue Officer,

4. The Joint Commissioner, Sivagangai.

5. The Revenue Divisional Officer Ramanathapuram Division,

6. The Assistant Commissioner, HR and CE Department, Ramanathapuram.

7. The Tahsildar, Thiruvadanai Taluk, 1/5

8. The Executive Officer/Thakkar, Arulmigu Thiruna Jyotheeswarar Temple, Pullur Village, Thiruvadani Taluk,

9. The Inspector of Police, Thiruvadanai Police Station, ... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to remove the illegal barbed wire fences in Survey No.207/2 of Pullur Village and further direct the 6th respondent to cancel the illegal Patta No.9979, restoring the land to its original classification as Temple/Public Poramboke.

For Petitioner : Mr.S.Kishore Kumar For R1 to R7 : Mr.S.Venkatesh Counsel for State For R9 : Mr.I.Murugesan Government Advocate (Crl.Side)

ORDER

(Order of the Court was made by N.SATHISH KUMAR, J.) The prayer in this writ petition is to issue a Writ of Mandamus, directing the respondents to remove the illegal barbed wire fences in Survey No.207/2 of Pullur Village and further direct the 6th respondent to cancel the illegal Patta No.9979, restoring the land to its original classification as Temple/Public Poramboke.

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2. Learned counsel for the State has produced the letter of the 8th respondent / Executive Officer addressed to the 3rd respondent / DRO to change the patta in respect of the lands in Survey No.207 in the name of the temple. At present, the patta stands in the name of a private person. There appears to be a title dispute. Therefore, as a matter of right it cannot be construed as an encroachment of the temple land. Thus, we are not inclined to issue any direction. It is well open to the temple to establish their right and title over the property in question and evict encroachment by following the proper procedure under Section 78 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959.

3. With the above observation, the Writ Petition stands dismissed. No costs.

[N.S.K., J.] & [M.J.R., J.] Index : Yes / No 12.06.2026 : Yes / No bala To

1. The Commissioner, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai-600 034.

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2. The District Collector,

3. The District Revenue Officer,

4. The Joint Commissioner, Sivagangai.

5. The Revenue Divisional Officer Ramanathapuram Division,

6. The Assistant Commissioner, HR and CE Department, Ramanathapuram.

7. The Tahsildar, Thiruvadanai Taluk,

8. The Executive Officer/Thakkar, Arulmigu Thiruna Jyotheeswarar Temple, Pullur Village, Thiruvadani Taluk,

9. The Inspector of Police, Thiruvadanai Police Station, 4/5

N.SATHISH KUMAR , J.

AND M.JOTHIRAMAN, J.

bala ORDER MADE IN DATED :

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