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Madras High CourtWP(MD)/14161/2026dismissed

G.Rajasekaran, v. The District Collector,

2026-05-13Honourable Mr Justice G.K. Ilanthiraiyan,Honourable Mr.Justice K.Rajasekar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.05.2026

CORAM:

THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR G.Rajasekaran ... Petitioner -vs1.The District Collector, Thoothukudi District.

2.The Revenue Divisional Officer / Monitoring Committee, Kovilpatti, Thoothukudi District.

3. The Thasildar, Kovilpatti Taluk, Thoothukudi District.

4. Selvaraj

5. Thamarai Pushpam

6. Murugaiah

7. Kaliraj

8. Rajeshkannan

9. Maheshkumar

10. Shanmugavel ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the 1st to 3rd respondents to remove the encroachment made by the 4th to 10th respondents in the Arulmigu Sri Kaliamman Temple land comprised in Survey No. 855/28 (Patta No.449) situated at Karthigaipatti, Idaiseval - I Village, Kovilpatti Taluk, Thoothukudi District based on the petitioners representation dated 25.04.2026.

For Petitioner : Mr.C.Ezhilarasu For R1 to R3 : Mr.T.Amjad Khan Government Advocate

ORDER

(Order of the Court was made by G.K. ILANTHIRAIYAN,J.) This writ petition has been filed seeking a direction to respondents 1 to 3 to remove the alleged encroachments made by respondents 4 to 10 in the land comprised in Survey No.855/28 situated at Karthigaipatti, Idaiseval-I Village, Kovilpatti Taluk, Thoothukudi District. 2.The learned counsel for the petitioner submitted that the land in Survey No.855/28 (Patta No.449) was dedicated to the temple in the year 1991 by the ancestors of the Devendrakula Vellalar community for

religious purposes. According to the petitioner, the said land has now been encroached upon by respondents 4 to 10. Therefore, the petitioner submitted a representation to respondents 1 to 3 seeking removal of the encroachments. Since no action was taken, the present writ petition has been filed.

3. The learned Government Advocate appearing for respondents 1 to 3, on instructions, submitted that the subject land is a patta land covered under Patta No.449 and belongs to Arulmigu Kaliamman Kovil.

4. From the proceedings dated 12.05.2026 issued by the Tahsildar, Kovilpatti, it is seen that the land is a patta land belonging to Arulmigu Kaliamman Kovil and, therefore, the possession and enjoyment of the land by respondents 4 to 10 cannot be construed as encroachment. However, the petitioner has made a specific allegation that respondents 4 to 10 have encroached upon the temple land. If the petitioner has any grievance regarding the possession and enjoyment of the said land, the petitioner ought to approach the competent Civil Court for appropriate

relief.

5. In view of the above, the relief sought for by the petitioner in this writ petition cannot be granted. Accordingly, the writ petition stands dismissed. No costs.

[G.K.I., J.] [K.R.S., J.] 13.05.2026 am NCC :Yes/No Index: Yes/No Internet: Yes/No To 1.The District Collector, Thoothukudi District.

2.The Revenue Divisional Officer / Monitoring Committee, Kovilpatti, Thoothukudi District.

3. The Thasildar, Kovilpatti Taluk, Thoothukudi District.

G.K. ILANTHIRAIYAN,J.

AND K.RAJASEKAR,J.

am 13.05.2026