WP/4336/2020 of Mr.Ramesh Vs The District Collector on 12 October 2026

Order

(Order of the Court was made by S.M.Subramaniam J.) This writ of mandamus has been instituted to direct the 1st respondent to consider and thereby disposing the Representation made by petitioner on 14.05.2019, 27.03.2019, 01.06.2019, 18.11.2019 and directing all the respondents for to conduct the survey and to evict the all type of encroachments if any made on Dharmaraja Kulam (pond) and temple property at Chennai District, within the jurisdiction of Chennai Corporation, Ambattur Taluk, Korattur Village, with in the Chennai corporation limit (a) Survey No.889, Measuring an extent of Acer.0.63 cents of Dharmaraja Kulam (pond)

and another (b) Survey Numbers 890 and 891, measuring an extent of Acer.0.23 cents of Dharmaraja Temple.

2. The Joint Commissioner, HR&CE Department filed a counter affidavit stating that the name of the subject temple is Arulmigu Draupathiamman Dharmaraja Thirukkoil, Korattur which is a village deity. However, the said temple is not coming under the HR&CE Department. The Department found that the pond nearby the temple was filled with sand and encroached upon by one G.R.Govindaraj, a real estate agent. Pertinently, the Assistant Commissioner, HR&CE Department, Chennai in his letter dated 06.09.2022 had directed the Inspector, Perambur to take follow up action for submitting report so as to bring the temple under the control of the HR&CE Department by following due process of law and as per the provisions of the Act.

3. In view of the counter affidavit filed by the Joint Commissioner, HR&CE Department has to initiate all appropriate actions to take over the temple under the control of the HR&CE Department.

4. As far as the encroachments are concerned, the Tahsildar has also filed a counter affidavit stating the following: “As regards the averments of the petitioner set out in paras 7 to 9 of the affidavit, it is respectfully submitted that the aforesaid property referred to by the petitioner in this writ petition is situated in Korattur Village. The Town Survey had already been taken up in Ambattur village of Ambattur Taluk and the said Korattur village was allotted Ward No “E”. The Sub-Inspector of Survey of this office has submitted that the aforesaid Old S.Nos.889, 890 and 891 of Korattur Village are correlating to T.S.Nos.2 and 21, of Block No.64, Ward No”E” of Korattur Village. The said lands stand registered as follows in the Town Survey Land Records. Village Korattur Korattur Block No

T.S.No.

Old S.No. 886 part, 891 part, 892 part 890 / 1& 2 Classification Ryotwari Punjai Circar Poromboke Extent Hec.Ares.Sq.mts 00 06 42.0 Hec.Ares.Sq.mts 00 08 00.0 Adangal … … How the holding utilised Street Dharmaraja Pond

6) It is respectfully submitted that the land bearing Old S.Nos. 886part, 891 part and 892 part correlating to T.S.No.2, Block No.64, Ward "E" of Korattur village stands classified as "Ryotwari Punjai". The usage of the said land is furnished as "Street" in the Revenue Records. Moreover, the land measuring 800 Sq.metres comprised in Old S.Nos. 890/1 and 2 correlating to T.S.No.21 Block No.64, Ward "E" of Korattur village stands classified as "Circar Poromboke" and the usage of the land is furnished as "Dharmaraja Pond". As such, in both cases, the encroachment has to be evicted only by the 6th Respondent herein. As far as the 9th Respondent is concerned, the officials of the 9th Respondent shall point out the limits of boundaries of the lands in T.S.Nos. 2 and 21, Block No.64, Ward "E" of Korattur village.”

5. At the outset, both the HR & CE Department and the revenue authorities found that encroachments are made in pond as well as Government Poromboke lands. The temple property has been encroached by some real estate persons. Thus, the respondents are directed to conduct a survey, identify the temple properties as well as Government Poromboke lands and street area, and initiate enforcement actions to remove the encroachments by following the procedure as contemplated under the relevant Statutes and Rules in force. The encroachers shall also be afforded an opportunity to defend their case. The entire exercise is directed to be completed within a period of 12 weeks from the date of receipt of a copy of this order. With the above directions, the writ petition is disposed of. No costs. (S.M.S.,J.) (R.R.V.,J.) 12-10-2026 Index: Yes Speaking order Neutral Citation: Yes KST

To

1. The District Collector, Chennai Collector Office, Chennai 600 001

2. The Deputy Commissioner of Police, Ambattur Police District, Ambattur, Chennai 600 053.

3. The Assistant Director of Survey, Chennai Collector Office, Chennai-600 001

4. The Regional Deputy Commissioner (central) Chennai Corporation, Shenoy Nagar, Chennai 600 030

5. The Chief Engineer, Chennai North Region, CEDC / west Circle, 110/33KV, Thirumangalam, SS Campus, 1st Floor, Annanagar, Chennai 600 040

6. The Commissioner, Chennai Corporation office, Ripon Building, Chennai 600 003

7. The Inspector of Police, T3, Korattur Police Station, Korattur, Chennai 600 080

8. The Sub Registrar, Korattur Sub Register Office, Korattur, Chennai 600 080

9. Thasildar, Ambattur Thasildar Office, Ambattur, Chennai 600 053

10. The Managing Director, Chennai Metro Water and Sewage Board, NO.1, Pumping Stattion Road, Anna Salai, Chinthadripet, Chennai 600 002

11. The Chairman Cum Managing Director, Tamilnadu Generation and Distribution Corporation Limited (TANGEDCO), NO.144, 10th Floor, NPKRR Maaligai, AnnaSalai, Chennai 600 002.

12. The Commissioner, Hindu Religious and Charitable Endowment Department, Nungambakkam High Road, Chennai 600 034

S.M.SUBRAMANIAM J. AND R.RAJESH VIVEKANANTHAN J. KST WP No. 4336 of 2020 12-10-2026