Karthikeyan v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.06.2025

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE Karthikeyan ... Petitioner Vs.

1.The Commissioner, Hindu Religious and Charitable Endowments Department, No.119, Uthamar Gandhi Road, Nungambakkam, Chennai.

2.The District Collector, Collectorate Office, Trichy.

3.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Thiruvanaikovil, Trichy.

4.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Thiruvanaikovil, Trichy.

5.The Executive Officer / Thakkar, Sri Brahmapureeswarar Temple, Thirupattur, Manachanallur Taluk, Trichy District.

... Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the 1st to 4th respondents to remove the encroachment made in Survey Nos.22, 52, 64/2, 69/14, 71, 74/1, 81, 85/7, 85/17, 90/3, 96, 100, 101, 104/3, 111, 113/1, 113/3, 151, 162, 173/3, 177/1, 177/2 totally 49 acres belongs to the Arulmigu Pidari Chellandi Amman Temple, Arulmigu Sri Varadharaj Perumal Temple, Arulmigu Sri Devi Mangalam Vinayagar Temple, Arulmigu Muthukaruppu Temple, Arulmigu Sangiliyandavar Temple, Arulmigu Maruthaiyandavar Temple situated at North Seedevimangalam, Manachanallur Taluk, Trichy District which temples are under the control of the 3rd respondent and consequently direct the respondents to conduct public auction in the above said temple lands based on the petitioner's representation dated 24.05.2025. For Petitioner : Mr.C.Ezhilarasu For R-1, R-3 & R-4: Mr.P.Subbaraj Special Government Pleader For R-2 : Mr.P.Thilak Kumar Government Pleader For R-5 : Mr.V.Chandrasekar

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The Writ Petition has been instituted to direct the respondents 1 to 4 to remove the encroachment made in Survey Nos.22, 52, 64/2, 69/14, 71, 74/1, 81, 85/7, 85/17, 90/3, 96, 100, 101, 104/3, 111, 113/1, 113/3, 151, 162, 173/3,

177/1, 177/2 totally 49 acres belonging to Arulmigu Pidari Chellandi Amman Temple, Arulmigu Sri Varadharaj Perumal Temple, Arulmigu Sri Devi Mangalam Vinayagar Temple, Arulmigu Muthukaruppu Temple, Arulmigu Sangiliyandavar Temple, Arulmigu Maruthaiyandavar Temple situated at North Seedevimangalam, Manachanallur Taluk, Trichy District, which temples are under the control of the third respondent and consequently, to direct the respondents to conduct public auction in the above said temple lands based on the petitioner's representation dated 24.05.2025.

2. With reference to the relief sought for in the Writ Petition, the learned counsel for the fifth respondent would submit that final order has been passed by the learned Single Judge of this Court in W.P.(MD).No.24531 of 2024 dated 25.10.2024. Based on the said order, action was initiated under Section 78 of the Hindu Religious and Charitable Endowments Act to remove the encroachments from the temple property.

3. Since enforcement actions under the Act have already been initiated, the official respondents are directed to expedite the process and evict the encroachers and utilise the temple property for the benefit of the temple and in accordance with the Act and Rules.

4. Accordingly, the Writ Petition stands disposed of. There shall be no order as to costs.

(S.M.S.,J.) (A.D.M.C.,J.) 27.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm To 1.The Commissioner, Hindu Religious and Charitable Endowments Department, No.119, Uthamar Gandhi Road, Nungambakkam, Chennai.

2.The District Collector, Collectorate Office, Trichy.

3.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Thiruvanaikovil, Trichy.

4.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Thiruvanaikovil, Trichy.

S.M.SUBRAMANIAM,J.

and DR.A.D.MARIA CLETE,J.

Lm 27.06.2025