WP/16046/2026 of R.K.AYYAPPAN Vs THE DISTRICT COLLECTOR on 6 October 2026

O R D E R

(Order of the Court was made by S.M.Subramaniam,J.) Writ of Mandamus has been instituted for a direction to the respondents 1 to 7 to conduct inspection and to take appropriate legal action to remove the encroachment made in 1) Thirukkualam (Bramma Theertham) in S.No.184/4, measuring 1.67.50 Ares, 2) Ramar Madakulam in S.No.183/2 measuring 0.68.50 Ares, 3) Ayyanar Kuttai in S.No.159/13 measuring 0.04.00 Ares, 4) Thottaththu Kulam (behind Thangappa Chettiar House) S.No.190/11 measuring 0.65.50 Ares, 5) Rokka kuththagai Kulam (Pudhu Kulam) in S.No.263/6 measuring 0.30.00 Ares, 6) Poisolla Pillaiyar Kovil Theru Kulam in S.No.183/7 measuring 0.09.00 Ares, 7) Kuttai in S.No.188/10 measuring 0.12.00 Ares, 8) Kuttai in S.No.76/4 measuring 0.09.50 Ares, 9) Kuttai in S.No.76/50 measuring 0.09.00 Ares, 10) Kuttai in S.No.191/3 measuring 0.05.50 Ares, 11) Kuttai in S.No.243/10 measuring 0.02.00 Ares (Item 1 to 11 owned by Arulmigu Bava Owshadeeswarar Swamy Temple Thiruthuraipoondi Nagar, Thiruvarur District), 12) Azhagiya Natchiamman Kuttai in S.No.164/2 measuring 0.33.50 Ares, 13) Pappan Odai in S.No.180/12A measuring 0.49.00 Ares and 14) Parangi Kuttai in S.No.164/8 measuring 0.33.50 Ares - Item 12 to 14 owned by the Arulmigu Mullatchi Mariamman Thirukovil, Thiruthuraipoondi Nagar,

Thiruvarur District by considering the representation of petitioner dated 06.01.2025.

2. District Collector, Thiruvallur District filed an action taken report. A reading of the said report would show that some encroachments in water bodies were removed and some other encroachments were identified in water bodies. Pertinently, encroachments in Temple properties were also identified. A comprehensive action has been initiated for removal of encroachments both by Revenue Authorities and by Competent Authorities of Hindu Religious and Charitable Endowments Department.

3. In respect of Temple properties, encroachments are to be evicted by following procedures as contemplated under Section 78 of the Tamil Nadu Hindu Religious and Endowments Act, 1959. In respect of encroachments in water bodies, Competent Authorities of Public Works Department or Water Resources Department, as the case may be, will be in a position to initiate enforcement action. In respect of other Government Poromboke lands, Revenue Authorities are to initiate enforcement action.

4. All Departmental Authorities shall co-ordinate with each other and ensure that encroachments in water bodies are removed and such water bodies are preserved in the public interest for the benefit of public at large. Temple properties are to be resumed and utilized for the benefit of Temple as contemplated under the Act, 1959. All such actions are directed to be continued simultaneously and by following procedures as contemplated under law. It is needless to state that encroachers are also entitled to be heard by affording opportunity to them. The entire exercise is directed to be completed within a period of four months from the date of receipt of a copy of this order. With the above observations and directions, the present Writ Petition is disposed of. No costs. (S.M.S.,J.) (R.R.V.,J.) 06-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No AR

S.M.SUBRAMANIAM,J. AND R.RAJESH VIVEKANANTHAN,J. AR To:

1. The District Collector, District Collector Office, Thiruvarur District.

2. The Executive Engineer, Water Resources Department, Thiruvarur District.

3. The Deputy Engineer, Water Resources Department, Thiruvarur District.

4. The Joint Commissioner, HR & CE Department, HR & CE Office, Nagapattinam District

5. The Deputy Commissioner, HR and CE Department, HR and CE Office, Thiruvarur District

6. The Executive Officer, Arulmigu Bava Owshadeeswarar Swamy Temple, Thiruthuraipoondi Nagar, Thiruvarur District.

7. The Executive Officer, Arulmigu Mullatchi Mariamman Thirukovil, Thiruthuraipoondi Nagar, Thiruvarur District.

06-10-2026