M/S. Vayalimitta Arulmighu Pathirakaliamman v. The Commisioner Of Land Administration

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.09.2025

CORAM:

THE HONOURABLE DR.JUSTICE ANITA SUMANTH AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN and W.M.P.(MD)No.19937, 19938 & 19939 of 2025 M/s.Vayalimitta Arulmighu Pathirakaliamman, Madakattu Bhagavathi, Vekkali Amman, Karuppasamy, Anjaneyar Thirukovil Trust, Represented by its Managing Trustee, Gurunathan.

... Petitioner /Vs./

1. The Commissioner of Land Administration, Chennai.

2. The District Collector, Tenkasi District, Tenkasi.

3. The District Revenue Officer, Tenkasi District, Tenkasi.

4. The Revenue Divisional Officer, Sankarankovil, 1/6

5. The Tahsildar, Sankarankovil Taluk,

6. The Tahsildar, Adi Dravidar Welfare, Sankarankovil Taluk,

7. The Executive Officer, Panaiyur Village Panchayat, Sankarankovil Panchayat Union Tenkasi District.

... Respondents PRAYER:- Writ Petition - filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for records relating to impugned notice of the 5th respondent dated 01.09.2025 and quash the same and consequently forbear the 5th respondent from disturbing the peaceful possession of the petitioner temple situated in Survey No.503/1A measuring to an extent of 0.07.0 Hectare, Survey No. 503/3D measuring to an extent of 0.74.5 Hectare, Panaiyur Village, Sankarankovil Taluk, Tenkasi district till the disposal of petitioner land exchange request representation dated 14.07.2025 and appeal dated 11.09.2025 both pending before the 2nd respondent and representation dated 11.09.2025 pending before the 1st, 3rd to 5th respondents. For Petitioner : Mr.V.Sukumar 2/6

For Respondents : Mr.J.Ashok Additional Government Pleader

ORDER

(Order of the Court was made by DR.ANITA SUMANTH, J.) The challenge in this writ petition is to an order passed under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 ('Act'). The impugned order is dated 01.09.2025 and infact, the petitioner has, even prior to the institution of this writ petition, filed an appeal on 12.09.2025 before the District Collector, Tenkasi, under Section 10 of the Act, challenging the impugned order. In light of the appeal filed, this writ petition, in fact, ought not to have been instituted, as the petitioner is riding two horses.

2. Be that as it may, Mr.J.Ashok, learned Special Government Pleader, who accepts notice for all the respondents would point out that since the appeal has now been filed, he has instructions to state that the same will be disposed within twelve weeks. We record the same.

3. The petitioner has, at para 9 of his appeal petition, made an 3/6

offer for exchange of the present land upon which, the Arulmighu Pathirakaliamman, Madakattu Bhagavathi, Vekkali Amman, Karuppasamy, Anjaneyar temple stands, for alternate land, which offer may also be considered by the authorities.

4. In light of the pendency of the appeal and the offer made by the petitioner, it would be appropriate that status quo be maintained till the disposal of appeal, or for a period of twelve weeks from the date of receipt of a copy of this order, whichever is earlier and we direct so. This writ petition is disposed in terms of this order. No costs. Consequently, connected miscellaneous petitions are closed. [A.S.M.J.,] & [C.K.J.,] 16.09.2025 NCC :Yes/No Index :Yes/No Internet :Yes sm TO:-

1. The Commissioner of Land Administration, 4/6

Chennai.

2. The District Collector, Tenkasi District, Tenkasi.

3. The District Revenue Officer, Tenkasi District, Tenkasi.

4. The Revenue Divisional Officer, Sankarankovil,

5. The Tahsildar, Sankarankovil Taluk,

6. The Tahsildar, Adi Dravidar Welfare, Sankarankovil Taluk,

7. The Executive Officer, Panaiyur Village Panchayat, Sankarankovil Panchayat Union Tenkasi District.

5/6

DR.ANITA SUMANTH, J.

AND C.KUMARAPPAN, J.

sm Order made in Dated:

16.09.2025 6/6