WP/6277/2026 of M.Prabhu Venkatraj Vs The Commissioner on 5 October 2026

ORDER

(Order of the Court was made by S.M.Subramaniam J.) Writ of mandamus has been instituted to direct 1st to 5th respondents to consider the petitioner’s representation letter dated 08.01.2026 and further direct 1st to 5th respondents to remove the encroachment of 6th to 9th respondent in the Government temple land situated at Survey No. 197/3 ,197/4 in Kadaiyampatti, Idanganasalai B2 Village, Sankakiri Taluk, Salem district in accordance with law.

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2026:MHC:4159 WP No. 6277 of 2026

2. Joint Commissioner, HR&CE Department filed a status report stating that few trustees have encroached upon the temple property. Those encroachments are already identified by the competent authorities. Thus, further actions are initiated under the provisions of HR&CE Act to evict those encroachers and take possession of the temple properties.

3. It is needless to state that properties of the temple are to be protected by the competent authorities of HR&CE Department. Further enquiry is to be conducted on what basis the trustees are allowed to encroach upon the temple property and in possession for long years. If any collusion, illegality or irregularity on the part of the temple authorities or the department officials are identified, all appropriate actions including departmental disciplinary proceedings are to be initiated. However, status report filed by Joint Commissioner would state that all further actions are initiated to evict the encroachers and resume the temple properties by following the procedures as contemplated.

4. In view of the said report filed by the Joint Commissioner, respondents 1 to 4 are directed to evict the encroachers by following the procedures as contemplated under the Act and Rules and by affording

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2026:MHC:4159 WP No. 6277 of 2026

opportunities to the encroachers and take possession of the temple property and utilise the same for the benefit of the temple in the manner contemplated under the Act and Rules in force. The entire exercise is directed to be contemplated within a period of four months from the date of receipt of a copy of this order.

5. With the above directions, the writ petition stands disposed of. No costs. Consequently, the connected miscellaneous petitions, if any, are closed. (S.M.S.,J.) (R.R.V.,J.) 05-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No GD To

1. The Commissioner Hindu Religious and Charitable Endowment department, Chennai 34

2. The Joint Commissioner Hindu Religious and Charitable Endowment department, Nethimedu, Opposite Jayarani School, Salem, Salem district

3. The Assistant Commissioner Hindu Religious and Charitable Endowment department, Nethimedu, Opposite Jayarani School, Salem,

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Salem district

4. The Executive officer Hindu Religious and Charitable Endowment department, SidharKovil , Kanchamalai Salem Taluk, Salem district

5. The Inspector Hindu Religious and Charitable Endowment department, Sankagiri , Salem district

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2026:MHC:4159 WP No. 6277 of 2026

S.M.SUBRAMANIAM, J. AND R.RAJESH VIVEKANANTHAN, J. GD WP No. 6277 of 2026 05-10-2026

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