Tamilvendan v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.11.2025
CORAM:
THE HONOURABLE Dr.JUSTICE ANITA SUMANTH AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN Tamilvendan ... Petitioner /Vs./
1. The District Collector, Ramanathapuram District, District Collectorate Office, Ramanathapuram - 623 503.
2. The Revenue Divisional Officer, Rameswaram Division, Ramanathapuram District.
3. The Tahsildar, Rameswaram Taluk, Ramanathapuram District.
... Respondents PRAYER:- Writ Petition - filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 3 to remove the illegal religious structure/encroachment made in Survey No.236 Thangachimadam village, Rameswaram taluk, Ramanathapuram District in accordance with G.O(MS)No.437 Revenue Department, dated 13.09.2010.
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For Petitioner : Mr.P.Vetrivel For Respondents : Mr.P.Thilak Kumar, Government Pleader for R1 to R3 For Intervenor : Mr.Srikrishnan
ORDER
(Order of the Court was made by Dr.ANITA SUMANTH, J.) The prayer is for a mandamus directing the respondents to remove a religious structure which the petitioner claims is an encroachment in Survey No.236, Thangachimadam village, Rameswaram taluk, Ramanathapuram District (land / land in question). Reference is made to G.O.(Ms)No.437, Revenue Department, dated 13.09.2010 in support of the prayer.
3. R3, the Tahsildar, Ramanathapuram Taluk has filed a counter where they confirm that the land in question was surveyed and that the revenue records reflect that it is classified as Government Poromboke. They also confirm that there is Vedan temple and 10 small Deities which are located on the subject land and which are being worshiped by the villagers for time immemorial, belonging to Muthuraiyar Community. 2/6
4. They expressed their difficulty in taking any action as against the aforesaid temple as on account of dissidence of the local persons and law and order issues. They further state that they are unable to track down the Trustee of temple and after a great deal of effort, have ascertained that the temple is being managed by one Bakkiyaraj, s/o Muthumari.
5. On 05.11.2025, R3 has issued Form VII Notice under the Tamil Nadu Land Encroachment Act, 1905 (Act), requiring the noticee to tender his explanation within 15 days. This, in fact, would suffice to assuage the grievances of the petitioner.
6. Today, Mr.Srikrishnan, learned counsel appears for the Vedan temple. To be noted, Vedan temple is not a party to the proceedings. Though he wishes to implead himself, we see no purpose in the same as his rights have fully protected, we believe, by virtue of this order.
7. He states that he has a very valid explanation to tender and we grant him full liberty to do so in response to proceedings in Na.Ka.A3/3338/2023, dated 05.11.2025 under Section 7 of the 3/6
provisions of the Act.
8. By way of abundant caution, a copy of the notice is handed over to Mr.Srikrishnan for onward transmission to his client in order to enable them to respond.
9. Let the proceedings now initiated be taken to a logical conclusion within a period of twelve (12) weeks from today.
10. This writ petition is closed in terms of this order. No costs. [A.S.M.J.,] & [C.K.J.,] 13.11.2025 NCC :Yes/No Index :Yes/No Internet :Yes mbi 4/6
To
1. The District Collector, Ramanathapuram District, District Collectorate Office, Ramanathapuram - 623 503.
2. The Revenue Divisional Officer, Rameswaram Division, Ramanathapuram District.
3. The Tahsildar, Rameswaram Taluk, Ramanathapuram District.
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Dr.ANITA SUMANTH, J.
AND C.KUMARAPPAN, J.
mbi Order made in Dated:
13.11.2025 6/6