Madras High Court
WP(MD)/23013/2025 of Darwin Bright. D Vs The Government of Tamilnadu on 6 October 2026
WP(MD) No. 23013 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06-10-2026
CORAM
THE HON'BLE MR JUSTICE G.R.SWAMINATHAN
AND
THE HON'BLE MRS.JUSTICE M.D.SUMATHI
WP(MD) No. 23013 of 2025
CNR:{HCMD011004612025}
Darwin Bright. D
S/o.Darsan,
Kannikutrivilai Veedu,
Thirparappu Post,
Kanyakumari District - 629 161.
..Petitioner
Vs
1. The Government of Tamilnadu,
Rep. by its Principal Secretary,
Tourism, Culture and Religious Endowment, Department, Secretariat, Fort St.George, Chennai - 600 009.
2. The District Collector
Kanyakumari District,
Nagercoil.
3. The Board of Trusties,
Incorporated and Unincorporated
Devaswoms of Kanyakumari District,
Suchindram, Kanyakumari District.
4. The Joint Commissioner,
Kanyakumari District Thirukkovilgal,
Suchindram,
Kanyakumari District.
5. The Tahsildar,
Thiruvattar Taluk,
Cheruppalur Post,
Kanyakumari District.
__________
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WP(MD) No. 23013 of 2025
6. Thirupparappu Selection Grade Town Panchayat, Rep by its Executive Officer, Thumbacode, Kulasekaram Post - 629 161, Kanyakumari District.
7. Dakkis Joyson,
S/o.Thangaian,
Pazhatradivilai Veedu,
Kilathur, Kaliyal Post - 629 101,
Kanyakumari District.
8. The Inspector of Police,
Kulasekaram Police Station,
Kanyakumari District.
(R8 is suo motu impleaded vide order dated 06.10.2026
in W.P.(MD)No.23013 of 2025 by GRSJ & MDSJ)
..Respondent(s)
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the official Respondents 1 to 5 to remove the encroachment made by the 7th respondent and other encroachers over the property of Arulmigu Mahadevar, Thirparappu Arulmigu Mahadevar Temple (3rd Sivalayam) Thirparappu Kanyakumari District in Survey No.413/2, to an extent of 9.50 cents situated at Thirparappu Village, Kanyakumari District based on the petitioners representation dated 24.04.2025, within the period stipulated by this Court.
For Petitioner:
Mr.Ananth C Rajesh
For Respondents:
Mr.S.Shanmugam,
Govt. Advocate For R1 To R5
Mr.G.Sailendra Babu For R7
Mr.S.P.Maharajan for R6
Mr.I.Murugesan,
Govt. Advocate (Crl. Side) for R8
__________
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WP(MD) No. 23013 of 2025
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ORDER
(Order of the Court was made by G.R.Swaminathan J.) The writ petitioner is a resident of Kannikutrivillai Veedu, Kallkulam Taluk. According to the petitioner, there are encroachments in the petition mentioned land. Admittedly, the said land belongs to Arulmigu Mahadevar Temple, Thiraprappu. It is stated that the encroachments had already been identified.
2. We direct the third respondent to submit a proper report to the jurisdictional Assistant Commissioner, Hindu Religious and Charitable Endowment Department. The Assistant Commissioner, HR & CE is in turn directed to file a petition under 78 of the HR & CE Act before the fourth respondent. In the said petition, all the encroachers shall be shown as parties. Merely because we employ the expression “encroachers”, that does not foreclose the defences of those persons. The fourth respondent shall take cognizance of the petition and dispose of the same on merits and in accordance with law within a period of eight months after it is filed. We grant three weeks to the third respondent to file a report and we grant a further two weeks to the Assistant Commissioner, HR & CE to file the petition. If the fourth respondent passes an order for eviction, the same shall be enforced with the aid of the eighth respondent. As and when the service of the eight respondent is requisitioned, the eighth respondent shall fully provide the same. __________
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WP(MD) No. 23013 of 2025
3. This writ petition is disposed of accordingly. No costs. (G.R.S.,J.) (M.D.S.,J.) 06-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No IAS To
1. The Principal Secretary, Tourism, Culture and Religious Endowment, Department, Secretariat, Fort St.George, Chennai - 600 009.
2. The District Collector Kanyakumari District, Nagercoil.
3. The Board of Trusties, Incorporated and Unincorporated Devaswoms of Kanyakumari District, Suchindram, Kanyakumari District.
4. The Joint Commissioner, Kanyakumari District Thirukkovilgal, Suchindram, Kanyakumari District.
5. The Tahsildar, Thiruvattar Taluk, Cheruppalur Post, Kanyakumari District. __________
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WP(MD) No. 23013 of 2025 __________
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WP(MD) No. 23013 of 2025 G.R.SWAMINATHAN, J. AND M.D.SUMATHI, J. ias WP(MD) No. 23013 of 2025 06-10-2026 (2/2) __________
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