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Madras High CourtWP(MD)/563/2026disposed of

Arulmigu Eddadi Iyyanar Temple, v. The Revenue Divisional Officer

2026-01-08Honourable Mr.Justice K. Surender7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.01.2026

CORAM

THE HONOURABLE MR.JUSTICE K.SURENDER Arulmigu Eddadi Iyyanar Temple, Madakulam Madurai through its Managing Trustee E.Rajendran, S/o.Irulandi Velar, No.113 B, West Street, Madakulam, Madurai - 625 003.

... Petitioner Vs.

1.The Revenue Divisional Officer, Madurai.

2.The Commissioner, Madurai Corporation, Madurai District.

3.The Joint Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment Department, Madurai.

4.The Tahsildar, Madurai West Taluk, Madurai District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus directing the first to fourth Page No. 1 of 7

respondents to remove the entries in the Town Survey Land Register in Old S.No.431/1 part (T.S.No.23,3,5) as Government Land ("rHf;fhH Gwk;Nghf;F" and road njU in the column "How the holding is utilized and revert back to the earlier position as "Ryotwari Punju" (uaj;Jthhp GQ;ir) in the name of Arulmigu Eddadi Iyyanar Temple, Madakulam, Madurai on the basis of the petitioner's representation dated 27.11.2025. For Petitioner : Mr.R.G.Shankar Ganesh For R1 & R4 : Mr.P.Subbaraj Special Government Pleader *****

O R D E R

This Writ Petition has been filed seeking issuance of a Writ of Mandamus directing the first to fourth respondents to remove the entries in the Town Survey Land Register in respect of Old S.No.431/1 (part), corresponding to T.S.Nos.23, 3 and 5, describing the land as Government Land (rHf;fhH Gwk;Nghf;F) and road (njU) in the column 'How the holding is utilised' and to restore the entries to their earlier position as 'Ryotwari Punju' (uaj;Jthhp GQ;ir) in the name of Arulmigu Eddadi Iyyanar Temple, Madakulam, Madurai, based on the petitioner's representation dated 27.11.2025.

Page No. 2 of 7

2. With the consent of the parties, this Writ Petition is taken up for final disposal at the admission stage itself.

3. The case of the petitioner is that the petitioner temple owns a property comprised in Old S.No.431/1, measuring an extent of 2 Acres and 36 Cents, situated at Alagappan Nagar, Madurai. The 'A' Settlement Register, Ryotwari Patta, Chitta, etc., from the year 1900, stand in the name of the temple. Though the land stands in the name of the temple, the same is a service inam land, which is being enjoyed by the trustees in lieu of remuneration for the pooja services rendered in the temple.

4. While so, the second respondent encroached upon a portion of the said land measuring an extent of 24 Cents for laying underground drainage, erecting electric posts and forming a road. Therefore, in order to remove the encroachment, the petitioner filed a Writ Petition in W.P.(MD) No.153 of 2012 before this Court. Pursuant to the order of this Court dated 21.02.2017 passed in the said Writ Petition, the second respondent directed the trustees to take control and possession of the entire stretch of land where the road had been laid in the temple property. Consequently, the temple removed the road at its own expense. Page No. 3 of 7

5. However, after a few years, the fourth respondent assigned T.S.No.23 to Old S.No.431/1, which was described as Old S.No.431/1 (part). The land was thereafter subdivided into three parts, namely, T.S.Nos.23, 3 and 5. The classification of the land was shown as Government Land, Government Poramboke and Road, respectively, even though all encroachments for laying the road had already been removed pursuant to the order of this Court.

6. Therefore, the petitioner sent a representation dated 27.11.2025 to the first respondent seeking removal of the erroneous classification and restoration of the land to its earlier position in the name of the temple as Ryotwari Punjai. However, no action has been taken on the petitioner's representation. Hence, the present Writ Petition has been filed.

7. The learned Special Government Pleader appearing for the first and fourth respondents would submit that the petitioner's representation dated 27.11.2025 would be considered and appropriate orders would be passed by the first respondent within a period of twelve weeks. Page No. 4 of 7

8. Recording the above submission and without expressing any opinion on the merits of the matter, this Writ Petition is disposed of with a direction to the first respondent to consider the petitioner's representation dated 27.11.2025 on its merits and in accordance with law and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order. The representation dated 27.11.2025 shall be considered and disposed of after conducting an enquiry. The first respondent is also directed to provide a reasonable opportunity during such enquiry to the petitioner and any other interested parties who may be affected by the decision. There shall be no order as to costs. [K.SURENDER, J.] 08.01.2026 JEN Index : Yes / No Internet : Yes / No To 1.The Revenue Divisional Officer, Madurai.

2.The Commissioner, Madurai Corporation, Madurai District.

Page No. 5 of 7

3.The Joint Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment Department, Madurai.

4.The Tahsildar, Madurai West Taluk, Madurai District.

Page No. 6 of 7

K.SURENDER , J.

JEN 08.01.2026 Page No. 7 of 7