High Court · 2025

WP No. 8615 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 13-03-2025CORAMTHE HONOURABLE MR JUSTICE J.SATHYA NARAYANA PRASADWP No. 8615 of 2025andW.M.P No. 9629 of 2025The Deity of Arulmighu Vedagireeswarar Thirukoil,Represented by its Executive Officer, Thirukazhukundram -603 109, Chengalpattu District.Petitioner(s)Vs1. The District Collector,Chengalpattu District, Chengalpattu.2.The Director of Town Panchayats,Directorate of Town Panchayats, Urban Administrative Office Campus, Chennai 600 028.3.The TahsildarThirukazhukundram Taluk, Thirukazhukundram,Chengalpattu District.4.The Executive Officer,1/8 https://www.mhc.tn.gov.in/judis WP No. 8615 of 2025Thirukazhukundram Town Panchayat, Thanthaiperiyar Maligai,Chengalpattu Main Road, Thirukazhukundram 603 109,Chengalpet District.Respondent(s)PRAYER: This Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 4th Respondent to remove the cement concrete road laid in the lands situate in Survey No.459-C and 459-D and Survey No.460 of Thirukazhukundram Town and Taluk, Chengalpet District, belong to the petitioner temple and restore the same in its original and pass.For Petitioner(s):Mr.R.BharanidharanFor Respondent(s):Mr.M.Rajendiran,Additional Government PleaderORDERThis Writ Petition is filed for issuance of a writ of mandamus to direct the 4th respondent to remove the cement concrete road laid in the lands situated in Surveys No.459-C, 459-D and Survey No.460 of Thirukazhukundram Town and Taluk, Chengalpet District, belong to the petitioner temple and restore the same in its original.2. Mr.M.Rajendiran, learned Additional Government Pleader, takes notice on 2/8 https://www.mhc.tn.gov.in/judis WP No. 8615 of 2025behalf of the respondents. By consent of both the parties, the main writ petition is taken up for disposal at the time of admission stage.3. The case of the petitioner is that, the land in survey No.459, including the Thirukazhukundram hill housing the temple deity, were classified as temple property through legal recognition in the year 1912. During re-survey in the year 1911, the land in survey No.459 was subdivided into various parcels, with most remaining under temple ownership, except a few designated for public use. Additionally, 1.29 acres in Survey No.460, was categorized as "Annakavadi Madam", which were under the control of the temple and the said property is also shown in the temple property register. It is stated that adjacent Survey No.332, classified as 'Eri Poromboke', and is known as 'Periya Eri', in which there are encroachments made by third parties by putting up houses. It is further submitted that some of the houses constructed in 'Eri Poromboke' have been extended inside the land in Survey No.460, belonging to the temple and the deponent has sent request to the Assistant Commissioner, HR&CE, Kancheepuram, to initiate action under Section 78 of the TN HR&CE Act, 1959. In these circumstances, on 05.11.2024, some of the encroachers have made request to 3/8 https://www.mhc.tn.gov.in/judis WP No. 8615 of 2025the District Collector, Chengalpet, during grievance redressal meeting, seeking for laying of road in the temple land. The said request was forwarded to the Assistant Commissioner, HR&CE, Kancheepuram, who in turn by communication dated 09.11.2024, forwarded the request to the deponent seeking for a report. The deponent on 25.11.2024, sent a report to the Assistant Commissioner, HR&CE, Kancheepuram, objecting for laying of the road and also cited other instances, wherein this Court had observed not to lay roads in the temple lands. However, all of a sudden on 07.12.2024, the officers of the 3rd respondent brought men and dumped materials to lay the road and started to fill the land with quarry stones. Immediately, the deponent on 08.12.2024 gave representation to the first respondent/District Collector and the 3rd respondent/Tahsildar, Thirukazhukundram, to intervene and stop the work and also made a complaint to the Inspector of Police, Thirukazhukundram Police Station. Despite the said representation, no action has been taken by the first & third respondents. When such being so, the 4th respondent has encroached the land belonging to the temple without authority of law nor had obtained approval from the appropriate authority. Hence, the petitioner has filed the present writ petition.4/8 https://www.mhc.tn.gov.in/judis WP No. 8615 of 20254. The learned counsel for the petitioner would submit that the subject property involved in this writ petition belongs to the petitioner temple and the petitioner temple also obtained decree in S.A.No.1262 of 1964 by judgment dated 20.09.1968. Further, he submitted that the petitioner temple also made a representation on 08.12.2024 before the respondents 1 & 3, seeking to intervene and remove the cement concrete road laid in the subject property. However, the said representation was not considered by the respondents 1 & 3. Hence, the learned counsel prayed for appropriate directions.5. Mr.M.Rajendiran, learned Additional Government Pleader appearing for the respondents has produced the written instructions of 4th respondent vide Na.Ka.No.38/2025, dated 13.03.2025. The relevant portion of the written instructions reads as under: jpUf;fGf;Fd;wk; ngU:uhl;rpapy; rh;nt vz; 459B, 459C & D ml';fpa[s;sJ/ thu;L vz; 4y; ,e;jpuh efh; gFjpapy; Rkhh; 350 FLk;g';fs; trpj;J tUfpd;wdh;/ ,g;gFjpapy; cs;s kz; rhiyapid 25 Mz;Lfshf bghJkf;fs; gad;gLj;jp tUfpd;wdh;/ ,r;rhiy ngU:uhl;rp eph;thfk; rhh;gpy; guhkhpf;fg;l;L tUfpwJ bghJkf;fs; rhiyapid fle;J bry;y kpft[k; rpukj;jpw;F Mshfpd;wdh;/ vdnt ,r;rhiyapid rpbkz;l; 5/8 https://www.mhc.tn.gov.in/judis WP No. 8615 of 2025rhiyahf khw;wpj;jUkhW bghJkf;fspd; kw;Wk; kd;w cWg;gpdh;fs; nfhhpf;ifapid Vw;W bghJepjp 2024-25Mk; Mz;L jpl;lj;jpd; fPH; kz; rhiyapid rpbkz;l; rhiyahf khw;wp mikf;fg;gl;lJ/ 6. Heard both sides and perused the materials available on record.7. On perusal of the written instructions of the 4th respondent, it appears that the land in Ward No.4 of Indira Nagar, there are nearly about 350 families are residing and the road has been used by the public residing therein for more than 25 years. 8. Taking into consideration of the facts and circumstances of the case, this Court directs the 1st respondent/District Collector to consider the petitioner's representation dated 08.12.2024, by considering the documents submitted by both the parties and by conducting a detailed enquiry after giving due notice to the petitioner as well as the 4th respondent and thereafter pass appropriate orders on its own merits and in accordance with law, after affording an opportunity of personal hearing to the 6/8 https://www.mhc.tn.gov.in/judis WP No. 8615 of 2025petitioner, within a period of eight (8) weeks from the date of receipt of a copy of this order.9. This writ petition is disposed of with the above observations and directions. No costs. Consequently, connected Miscellaneous Petition is closed.13-03-2025Index:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/NojdTo1.The District CollectorChengalpattu District, Chengalpattu.2.The Director of Town PanchayatsDirectorate of Town Panchayats, Urban Administrative Office Campus, Chennai 600 028.3.The Tahsildar,Thirukazhukundram Taluk, Thirukazhukundram, Chengalpattu District.4.The Executive OfficerThirukazhukundram Town Panchayat, Thanthai Periyar Maligai, Chengalpattu Main Road, Thirukazhukundram 603 109, Chengalpet District.7/8 https://www.mhc.tn.gov.in/judis WP No. 8615 of 2025J.SATHYA NARAYANA PRASAD J.jdWP No. 8615 of 202513.03.20258/8