W.P.No.29919 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09.01.2025 Coram THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE K.RAJASEKAR W.P.No.29919 of 2024 C.Raja S/o.Chendrayan .. Petitioner vs 1. The District Collector Dharmapuri District Collectorate Dharmapuri – 636 705 2. The District Revenue Officer Dharmapuri District Collectorate Dharmapuri – 636 705 3. The Tahsildar Palacode Taluk Dharmapuri District 4. The Joint Commissioner HR & CE Department Arulmigu Kottai Mariyamman Koil Valagam https://www.mhc.tn.gov.in/judis W.P.No.29919 of 2024 Salem -1 5. The Commissioner HR & CE Department Nungambakkam High Road Chennai – 600 034 .. Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents to earmark the lands belonging to Arulmigu Venu Gopala Swamy Temple, Arulmigu Pattaalamman Temple, Arulmigu Parameswaraswamy Temple, situated in Survey No.898/1 measuring Hec.2.48.5, Survey Number: 1002/1 measuring Hec.0.42.5 and Survey Number : 1004/1 measuring Hec.0.44.5 respectively and direct to remove the encroachment and hand over the above said lands of the temple to the Hindu Religious Charitable Endowment thereby enable the Hindu people to worship peacefully in the light of the representation letter dated 07.08.2023 and for consequential orders. For Petitioner : Ms.S.Thankira For Respondents : Mr.M.S.Arasa Kumar Government Advocate for R1 to R3 Mr.K.Karthikeyan https://www.mhc.tn.gov.in/judis W.P.No.29919 of 2024 Government Advocate (HR & CE) for R4 and R5 O R D E R (Order of the Court was made by M.SUNDAR, J.) Captioned writ petition has been filed with a mandamus prayer seeking a direction to the respondents to remove the alleged encroachment in 'Survey No.898/1 (ad-measuring 2.48.5 Hectares or thereabouts), Survey Number: 1002/1 (ad-measuring 0.42.5 Hectares or thereabouts) and Survey Number : 1004/1 (ad-measuring 0.44.5 Hectares or thereabouts), all situate in 29.Palacode Village, Dharmapuri Taluk and Dharmapuri District' [hereinafter 'said lands' for the sake of convenience]. 2. Ms.S.Thankira, learned counsel for writ petitioner submits that the writ petitioner has been pursuing the matter i.e., pursuing removal of encroachments but in vain and that has necessitated the filing of captioned main writ petition. 3. Issue notice to respondents. Page 3 of 8 https://www.mhc.tn.gov.in/judis W.P.No.29919 of 2024 4. Mr.M.S.Arasakumar, learned Government Advocate accepts notice for R1 to R3 and Mr.K.Karthikeyan, learned Government Advocate (HR & CE) accepts notice for R4 and R5. 5. Learned State counsel submits that a survey will be conducted and suitable action/s under appropriate Statute/s will be taken. 6. Owing to the limited scope of the main writ petition, main writ petition is taken up with the consent of learned counsel on both sides. 7. Learned State counsel submits that Survey No.898/1 (ad- measuring 2.48.5 Hectares or thereabouts), Survey Number: 1002/1 (ad- measuring 0.42.5 Hectares or thereabouts) are revenue lands whereas Survey Number : 1004/1 (ad-measuring 0.44.5 Hectares or thereabouts) is temple land belonging to 'Arulmigu Venu Gopala Swamy, Pattaalamman and Parameswaraswamy Temples' [hereinafter 'said temple' for the sake of convenience]. 8. Learned counsel for writ petitioner draws our attention to a communication signed on 11.08.2023 bearing reference X/K/vz;/8143- https://www.mhc.tn.gov.in/judis W.P.No.29919 of 2024 2023-m3-ehs;/11 from R4 to Assistant Commissioner of 'Tamilnadu Hindu Religious and Charitable Endowments Department' [hereinafter 'TN HR & CE Dept.' for the sake of brevity] as well as another communication of Assistant Commissioner of TN HR & CE Dept. signed on 18.08.2023 bearing reference e/f/vz;/6720-2023-m3 and submits that TN HR & CE Department has admitted that there is encroachment in lands of said temple. 9. Learned State counsel submits that lands comprised in three survey numbers i.e., said lands would be surveyed and if any encroachment/s is/are found, appropriate action under appropriate legislation/s would be initiated. As regards Survey No.1004/1, the proceedings will ultimately be under Section 78 of 'The Tamil Nadu Hindu Religious and Charitable Endowment Act, 1959 (Act 22 of 1959)' [hereinafter 'TN HR & CE Act' for the sake of brevity]. In any event, the alleged encorachers will be put on notice. We make it clear that all the rights and contentions of the alleged encroachers are preserved for https://www.mhc.tn.gov.in/judis W.P.No.29919 of 2024 responding to the notices when they are show-caused. This is the safety valve we put in qua alleged encroachers. 10. We dispose of the captioned writ petition recording the stated position of the learned State counsel which has been captured supra. Captioned writ petition disposed of in the aforesaid manner. There shall be no order as to costs. [M.S., J] [K.R.S., J] 09.01.2025 Index: Yes/No Speaking order / Non-speaking order gpa P.S: Though captioned writ petition is disposed of, list under the cause list caption 'Action Taken Report [ATR]' six weeks hence i.e., on 20.02.2025. Page 6 of 8 https://www.mhc.tn.gov.in/judis W.P.No.29919 of 2024 To 1. The District Collector Dharmapuri District Collectorate Dharmapuri – 636 705 2. The District Revenue Officer Dharmapuri District Collectorate Dharmapuri – 636 705 3. The Tahsildar Palacode Taluk Dharmapuri District 4. The Joint Commissioner HR & CE Department Arulmigu Kottai Mariyamman Koil Valagam Salem -1 5. The Commissioner HR & CE Department Nungambakkam High Road Chennai – 600 034 https://www.mhc.tn.gov.in/judis W.P.No.29919 of 2024 M.SUNDAR,J., and K.RAJASEKAR, J., gpa W.P.No.29919 of 2024 09.01.2025 https://www.mhc.tn.gov.in/judis