SRI PIDARI ETTIAMMAN TRUST v. THE DISTRICT COLLECTOR,
WP/19961/2024 · 2026-07-17
Krishnan Ramasamy
Transfer Petitionbody2024
DailyLaw.ai
[ 2024 DAILYLAW 4967 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2024 DAILYLAW 4967 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
WP No. 19961 of 2024 __________ Page1 of 8 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17-07-2026 CORAM THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY WP No. 19961 of 2024 AND WMP NO. 21858 OF 2024,WMP NO. 41868 OF 2024 Sri Pidari Ettiamman Trust Rep. By Its Chairman T.H.Rajmohan, No.68/3, Kulakarai Street, Thirumullaivoyal, Chennai-600
062. ..Petitioner(s) Vs
1. The District Collector, Thiruvallur District, Thiruvallur. 2. The Secretary To Government, Hindu Religious And Charitable Endowments Department, Secretariat, Fort St. George, Chennai-600 009. 3. The Joint Commissioner, Hindu Religious And Chartiable Endowments Department, No.119, Uthamar Gandhi Road, Chennai-600 034. 4. The Tahsildar, Office Of Avadi Taluk, Pattabiram, Chennai-72
5. The Commissioner, Avadi Municipality, Avadi, Chennai-600 054. 6. The Assistant Director Of Survey Department, Thiruvallur District. 7. The Executive Officer, Thakkar / Adminsitrative Officer, Hindu Religious And Charitable Endowments Department, Thiruvalleeswarar Thirukovil, Padi, Chennai-600 050. https://www.mhc.tn.gov.in/judis
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8. The Joint Commissioner, Hindu Religious And Charitable Endowments Department, Vellore District-632 009
9. The Secretary To Government, Revenue Department, Fort St. George, Chennai-600 009. 10.The Revenue Divisional Officer, Revenue Department, Thiruvallur. ..Respondent(s) Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of writ of Certiorari to call for the records pertaining to the impugned order vide proceedings Na.Ka. No.5287/ 2022/1 dated 20.03.2022 passed by the 1st respondent and quash the same For Petitioner(s): Mr.S.John Josh For Respondent(s): Mr.B.Pachaiyappan, Government Counsel for R1, R4, R6, R9 and R10 Mr.D.Yashwanth Rajan (HR and CE), Government Counsel for R2, R3, R7 and R8 Mr.R.A.Gopinath, Standing Counsel for R5 Order This Writ Petition has been filed against the order dated 20.03.2022 passed by the 1st respondent, wherein it was proposed to build a hospital on the Temple’s land. https://www.mhc.tn.gov.in/judis
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2. The learned counsel for the petitioner submitted that the petitioner is a regular visitor of the Arulmigu Piddari Ettiamman Temple situated at No. 68/3, Kulakarai Street, North Thirumullaivoyal, which comes under the control of respondents 7 and 8. On 11.02.2022, officials from the Avadi Municipality and the Tahsildar of Avadi inspected and surveyed the temple land. When questioned, the Government authorities informed the petitioner that the said land is registered under the name of "Government Thoppu" in the revenue records, and that the Government proposed to build a hospital there.
Consequently, the 1st respondent issued proceedings dated 20.03.2022, stating that there was a proposal to construct a hospital on the Temple’s land comprised in S.F. No. 247 at an estimated cost of Rs. 2,04,32,880/-. This proceeding is what has been challenged in the present writ petition. 3. When the matter was taken up for hearing, the learned Government Counsel appearing for the official respondents submitted that they have since shifted the proposal for building the primary health centre to another piece of land, and that there is currently no proposal to construct anything on the Temple land. He further submitted that the primary health centre has been relocated to the campus of the elementary school in Thirumullaivoyal, Avadi. Photographs showing the ongoing construction at the said Elementary School campus— which is located just adjacent to the school buildings—were produced before this Court. For ready reference, the said photograph is extracted below: https://www.mhc.tn.gov.in/judis
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4. This Court is of the view that constructing a Primary Health Centre within an elementary school campus would definitely affect the health and well- being of the young children. Therefore, the building under construction must strictly be used only for school purposes. In the event that the official respondents intend to construct a health centre, they can easily identify an independent property. Since the respondents require only 1,500 sq. ft., they can readily find suitable government land within the village. If government land is unavailable, they may acquire private property and provide the necessary compensation to the owners. 5. Under no circumstances shall the official respondents disturb the school or temple premises. Temple properties are public lands utilized by village residents for religious acts, which are inherently public activities. Therefore, the respondent officials must respect this and shall not disturb the possession of these lands, unless they are being used for purposes other than public activities. https://www.mhc.tn.gov.in/judis
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6.
Recording the above submissions and observations, this Writ Petition stands disposed of with the aforementioned directions. No costs. Consequently connected miscellaneous petitions are closed. 17-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SK To
1. The District Collector, Thiruvallur District, Thiruvallur. 2. The Secretary To Government, Hindu Religious And Charitable Endowments Department, Secretariat, Fort St. George, Chennai-600 009. 3. The Joint Commissioner, Hindu Religious And Chartiable Endowments Department, No.119, Uthamar Gandhi Road, Chennai-600 034. 4. The Tahsildar, Office Of Avadi Taluk, Pattabiram, Chennai-72
5. The Commissioner, Avadi Municipality, Avadi, Chennai-600 054. 6. The Assistant Director Of Survey Department, Thiruvallur District. 7. The Executive Officer, Thakkar / Adminsitrative Officer, Hindu Religious And Charitable Endowments Department, Thiruvalleeswarar Thirukovil, Padi, Chennai-600
050. 8. The Joint Commissioner, Hindu Religious And Charitable Endowments Department, Vellore District-632 009 https://www.mhc.tn.gov.in/judis
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9. The Secretary To Government, Revenue Department, Fort St. George, Chennai-600 009. 10.The Revenue Divisional Officer, Revenue Department, Thiruvallur. https://www.mhc.tn.gov.in/judis
WP No. 19961 of 2024 __________ Page8 of 8 KRISHNAN RAMASAMY J. sk WP No. 19961 of 2024 AND WMP NO. 21858 OF 2024,WMP NO. 41868 OF 2024 17-07-2026 https://www.mhc.tn.gov.in/judis