Madrasdated High Court · 2025

W.P.No.27601 of 2025For Petitioner : Mr.S.Sheik Thanveer AhamedFor Respondents:Mr.K.Karthikeyan,Government Advocate (H.R. & C.E)for R1, R6 and R7Mr.T.K.Saravanan,Additional Government Pleaderfor R2 to R5, R9 and R10Mr.S.Sugendran,Additional Public Prosecutor for R8ORDER[Order of the Court was made by M.SUNDAR, J.,]Subject matter of captioned main 'Writ Petition' (hereinafter 'WP' for the sake of brevity) is 'land comprised in Survey No.5/2, Vadachettiyandal Village, Sankarapuram Taluk, Kallakurichi District admeasuring 0.63.0 hectares' (hereinafter 'said land' for the sake of convenience and clarity).2. Mr.S.Sheik Thanveer Ahamed, learned counsel for writ petitioner submits that a temple which goes by the name 'Arulmigu Pidari Amman Thirukoil' (hereinafter 'said temple' for the sake of convenience and clarity) is situate in a portion of said land and a panchayat union office is being put up in another portion of said land and this is encroachment qua said land is learned writ petitioner counsel's further say.Page Nos.3/22 https://www.mhc.tn.gov.in/judis W.P.No.27601 of 20253. Issue notice to respondents.4. Mr.K.Karthikeyan, learned Government Advocate (H.R. & C.E) accepts notice for R1, R6 and R7, Mr.T.K.Saravanan, learned Additional Government Pleader accepts notice for R2 to R5, R9 and R10 and Mr.S.Sugendran, learned Additional Public Prosecutor for State of Tamil Nadu accepts notice for R8.5. Learned Additional Government Pleader submits that the entire said land is classified as Government poramboke and said temple itself is situate in Government poramboke land. This obtaining factual position is affirmed by Mr.K.Karthikeyan, learned Government Advocate (H.R. & C.E), who submits that R6 (Inspector, Hindu Religious and Charitable Endowments Department, Sankarapuram, Kallakurichi – 606 401) is in administration and management of said temple.6. Learned Additional Public Prosecutor submits that a complaint was given by R6 (Mr.Raviganesan), a counter complaint was given by the contractor who is putting up panchayat union office in Sankarapuram police station and a CSR (Community Service Register) Page Nos.4/22 https://www.mhc.tn.gov.in/judis W.P.No.27601 of 2025has been issued vide Petition No.995 of 2025. The sum and substance of the complaint is that the construction is being put up in land belonging to 'Tamil Nadu Hindu Religious and Charitable Endowments Department' (hereinafter 'TNHR & CE Department' for the sake of convenience and clarity) i.e., said land and action has been sought.7. This Court carefully considered the rival submissions and it is found that the scope of the captioned main WP is very limited and therefore, with the consent of the aforementioned learned counsel on both sides, main WP is taken up in the Admission Board itself.8. The following points emerge clearly: 8.1 Said land is not land belonging to said temple but it is public land which vests in the Government (Government poramboke). Therefore, this is not a case of encroachment in temple land;8.2 Learned Additional Government Pleader for R2 to R5, R9 and R10 submits on instructions that said temple will not be touched much less demolished Page Nos.5/22 https://www.mhc.tn.gov.in/judis W.P.No.27601 of 2025or dismantled in any manner. This submission is recorded as an undertaking given to the Court inter-alia by R2;8.3 Learned State counsel also submits that worship in said temple shall continue and there shall be no obstruction owing to construction of the panchayat union office;8.4 It is also submitted that construction of panchayat union office which is for public purpose alone will be done and for the present, remaining portion of said land will not be put to any other use;8.5 As regards construction of panchayat union office, learned State counsel placed before us proceedings of R2 (District Collector, Kallakurichi) and a scanned reproduction of the same is as follows:Page Nos.6/22 https://www.mhc.tn.gov.in/judis W.P.No.27601 of 2025Page Nos.7/22 https://www.mhc.tn.gov.in/judis W.P.No.27601 of 2025Page Nos.8/22 https://www.mhc.tn.gov.in/judis W.P.No.27601 of 2025Page Nos.9/22 https://www.mhc.tn.gov.in/judis W.P.No.27601 of 2025Page Nos.10/22 https://www.mhc.tn.gov.in/judis W.P.No.27601 of 2025Page Nos.11/22 https://www.mhc.tn.gov.in/judis W.P.No.27601 of 2025Page Nos.12/22 https://www.mhc.tn.gov.in/judis W.P.No.27601 of 2025Page Nos.13/22 https://www.mhc.tn.gov.in/judis W.P.No.27601 of 2025Page Nos.14/22 https://www.mhc.tn.gov.in/judis W.P.No.27601 of 2025Page Nos.15/22 https://www.mhc.tn.gov.in/judis W.P.No.27601 of 2025Page Nos.16/22 https://www.mhc.tn.gov.in/judis W.P.No.27601 of 2025Page Nos.17/22 https://www.mhc.tn.gov.in/judis W.P.No.27601 of 20258.6 In aforesaid tabulation, Sl. No.2 is construction which we are concerned with;8.7 It is submitted by learned State counsel that a Women Self Help Group Office (kfsph; Racjtpf;FG) is already situate in another portion of said land;8.8 Public land can always be put to public use and therefore the objection to the same by R6 as well as writ petitioner claiming same to be temple land is clearly misconceived as said land is not temple land and it is public land. After construction of panchayat union office which is for public purpose, remaining portion of said land shall continue to be used for temple festivals as we are informed that the remaining vacant portion of said land is being used for temple festivals thus far;8.9 As regards locus of the writ petitioner, we find that the writ petitioner does not qualify as a 'person having interest' within the meaning of sub-section (15) Page Nos.18/22 https://www.mhc.tn.gov.in/judis W.P.No.27601 of 2025of Section 6 of 'The Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 [Tamil Nadu Act 22 of 1959]' {hereinafter 'TNHR & CE Act' for the sake of brevity} and there is no other material before this Court though the writ petitioner says that he is Dharmakartha qua said temple. Be that as it may, we leave this question open and we are not embarking upon a legal drill on this as law is settled that as regards idols, same are in the status of minor and Court is parens patriae. Therefore, following A.A.Gopalakrishnan principle i.e., principle that Courts have sanctus duty to protect temple lands [A.A.Gopalakrishnan Vs. Cochin Devaswom Board and Ors., reported in (2007) 7 SCC 482] laid down by Hon'ble Supreme Court we have gone into the matter de hors writ petitioner. We find that neither said temple nor worship thereat is going to be affected in any manner and that the same will continue. This in our considered view is good enough to give a closure to the captioned WP. We have taken into account the position that the construction that is now coming up vide proceedings of Collector dated 03.04.2025 bearing Page Nos.19/22 https://www.mhc.tn.gov.in/judis W.P.No.27601 of 2025reference Na.Ka.No.Aa4/1011/2025 is from public funds and it is also for public purpose viz., panchayat union office and we have also taken into account the stated position of learned State counsel that remaining portion of said land shall continue to be used for temple festivals if that has been the custom;8.10 As this is purely a civil law issue, R8 has only limited role of maintaining law and order. 9. Captioned WP is disposed of in the aforesaid manner. There shall be no order as to costs.(M.S.,J.)(H.C.,J.) 29.07.2025Index : Yes Neutral Citation : Yes mmiTo1.The Commissioner, Hindu Religious and Charitable EndowmentsDepartment, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai – 600 034.Page Nos.20/22 https://www.mhc.tn.gov.in/judis W.P.No.27601 of 20252.The District Collector, Collectorate, Kallakurichi – 606 202.3.The District Revenue Officer, Kesavalu Nagar, V.O.C. Nagar, Kallakurichi – 606 202.4.The Revenue Divisional Officer, Kachirapalayam Road, Kallakurichi Taluk, Kallakurichi - 606 202.5.The Tahsildar, Sankarapuram Taluk Office, Kallakurichi Tiruvannamalai Road, Kallakurichi – 606 401.6.The Inspector, Hindu Religious and Charitable EndowmentsDepartment, Sankarapuram, Kallakurichi – 606 401.7.The Assistant Commissioner, Hindu Religious and Charitable EndowmentsDepartment, No.25/12, Thurrugam Road, MRN Nagar, Kallakurichi – 606 202.8.The Inspector of Police, Sankarapuram Police Station, Sankarapuram, Kallakurichi – 606 401.9.The Block Development Officer, Sankarapuram Panchayat Union, Sankarapuram, Kallakurichi District – 606 202.10.The President, Vadachettiyandal Village, Sankarapuram Block, Kallakurichi District – 606 208. Page Nos.21/22 https://www.mhc.tn.gov.in/judis W.P.No.27601 of 2025M.SUNDAR, J.,andHEMANT CHANDANGOUDAR, J.,mmiW.P.No.27601 of 202529.07.2025Page Nos.22/22