W.P.(MD)No.25619 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.09.2025 CORAM: THE HONOURABLE DR.JUSTICE ANITA SUMANTH AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN WP(MD)NO. 25619 of 2025 P.Ramesh, S/o.Pichai, No.23, Daisy Nagar, Madurai North, Madurai District. Petitioner Vs 1. The District Collector, Madurai District, Madurai. 2. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Madurai Region, Madurai - 625001. 3. The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, No.6-2-1, Palanichettipatti, Theni – 625 531. 1/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.25619 of 2025 4.Inspector/Fit Person, Arulmighu Perumal Temple, Muthalaikulam Village, Usilampatti. 5.The District Revenue Officer, Madurai. Respondents (R 4 & R 5 are suo motu impleaded vide order dated 17.09.2025 in W.P(MD)No.25619 of 2025) For Petitioner: Mr.V.Nambi Nachiyar For Respondents: Mr.J.Ashok Additional Government Pleader Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents 2 and 3 to take appropriate action for the removal of encroachments over the temple lands comprised in Survey Nos.128/1, 128/3, 128/7, 223/7, 223/8, 243/3 and 253/3 belonging to Sri Ooranikarai Nadu Mudhalaikkulam Perumal Temple situated at Mudhalikulam Village, Usilampatti Taluk, Madurai District and to restore possession to the temple and ensure proper maintenance and update the temple property details in the official HR and CE website based on the petitioner's representation dated 12.07.2025 within the time limit that may be stipulated by this Court. 2/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.25619 of 2025 ORDER (Order of the Court was made by Dr.Anita Sumanth J.) When the matter had come for admission on 17.09.2025, the following order had been passed capturing the background to this writ petition. "The prayer is for a Mandamus directing the Joint Commissioner and Assistant Commissioner of the Hindu Religious and Charitable Endowments Department/R2 & R3 to take action for the removal of encroachments in the lands in Survey Nos.128/1, 128/3, 128/7, 223/7, 223/8, 243/3 and 253/3, which are stated to belong to Sri Ooranikarai Nadu Mudhalaikkulam Perumal Temple at Mudhalikulam Village, Usilampatti Taluk, Madurai District (in short 'Temple'). 2.Mr.J.Ashok, learned Additional Government Pleader, who accepts notice on behalf of all the respondents, including the District Collector arrayed as R1, files a copy of petition dated 24.09.2025, submitted by the Fit Person before the District Revenue Officer, seeking change of name in the patta with respect to the aforesaid lands. He submits that an error has occurred during the recording of the UDR in 1992, insofar as the aforesaid 3/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.25619 of 2025 lands, which stood in the name of the temple prior to 1992, came to be reflected post 1992, in the name of the trustee of the temple. 3.In order to enable the correction, we suo motu implead both the Fit Person as well as Revenue Divisional Officer as parties to these proceedings. 4.The Inspector/Fit Person, Arulmighu Perumal Temple, Muthalaikulam Village, Usilampatti is suo motu impleaded as R4 and the District Revenue Officer, Madurai, as R5. 5.Mr.J.Ashok, learned Additional Government Pleader, accepts notice for R4 and R5. 6.On instructions from Ms.D.J.Kirubha Devi, who is presently the Fit person of the Temple Mr.Ashok, submits that notice under Section 78 is under preparation and will be issued promptly. 7.List on 24.09.2025. Counter affidavits to be filed by then, with copies served in advance upon the other side." 2. The fourth respondent, Fit Person of the Arulmighu Perumal Temple has filed a counter to the effect that the process of identifying the encroachers with the assistance of the Surveyor is yet to be completed. 4/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.25619 of 2025 Survey and identification of encroachers will be completed within four weeks from today as undertaken in the counter. 3. Within a week thereafter, Notices under Section 78 of the Tamil Nadu Hindu Religious and Charitable Endowments (HR&CE) Act will be issued to the encroachers, if any. 4. With regard to the allegation of the writ petitioner that the property details are neither updated in the website nor recorded in the Registers, out attention is drawn to Paragraph No.3 of the counter, wherein, properties in S.Nos.128/1, 128/3, 128/7, 223/7, 223/8, 243/3 and 253/3, at Mudhalaikkulam Village have been identified to be absolutely belonging to Arulmigu Perumal Temple and have been recorded as TMO33522 in the name of the Temple in the website of the HR & CE Department. 5. It will be ensured that the ownership of the Temple over the aforesaid properties will be reflected in the revenue records also, after the 5/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.25619 of 2025 process of survey is completed. 6. With this, the prayer of the petitioner stands achieved and the writ petition stands disposed. 7. List on 13.11.2025 under the caption 'for reporting compliance'. [A.S.M.J.,] & [C.K.J.,] 24.09.2025 NCC :Yes/No Index :Yes/No Internet :Yes mbi 6/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.25619 of 2025 To 1. The District Collector Madurai District, Madurai. 2. The Joint Commissioner Hindu Religious and Charitable Endowments Department, Madurai Region, Madurai - 625001. 3. The Assistant Commissioner Hindu Religious and Charitable Endowments Department, No.6-2-1, Palanichettipatti, Theni – 625531. 4.Inspector/Fit Person, Arulmighu Perumal Temple, Muthalaikulam Village, Usilampatti. 5.The District Revenue Officer, Madurai. 7/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.25619 of 2025 DR.ANITA SUMANTH, J. AND C.KUMARAPPAN, J. mbi W.P.(MD)No.25619 of 2025 24.09.2025 8/8 https://www.mhc.tn.gov.in/judis