Madras High Court

WP(MD)/18719/2026 of Chellamuthu Vs The District Collector/Monit on 16 October 2026

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 16-10-2026

CORAM

THE HON'BLE MR JUSTICE P.VELMURUGAN

AND

THE HON'BLE MS.JUSTICE R. POORNIMA

WP(MD) No. 18719 of 2026

CNR:{HCMD010865102026}

Chellamuthu

S/o. Karuppaiah,

Kovilkattupatti,

Poruvai Village,

Viralimalai Taluk,

Pudukkottai District.

..Petitioner(s)

Vs

1. The District Collector/Monitoring Committee Pudukkottai District, Pudukkottai.

2. The Assistant Director

Department of Geology and Mining,

Pudukkottai District,

Pudukkottai.

3. The Revenue Divisional Officer

Pudukkottai District,

Pudukkottai.

4. The Tahsildar

Viralimalai Taluk,

Pudukkottai District.

5. Srinivasan

6. Annadurai

7. Illayaraja

..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 1st respondent to take appropriate steps for conducting a comprehensive survey of the temple lands, identify and remove all encroachments thereon, enquire into and prevent any illegal quarrying, illegal sand mining and other unlawful activities affecting the temple properties, and to take necessary measures for the preservation and protection of the temple lands, in the light of the proceedings in Na.Ka. No.127/2025

(PuMaSu) dated 15.04.2026 and directions already issued by the District Collector and other competent authorities, and consequently direct the respondents to complete the said exercise within a time frame as may be fixed by this Honble Court.

For Petitioner(s):

Mr.R.Paranjothi

for M/s KBS Law Office

For Respondent(s):

Mr.M.P.Senthil,

Government Pleader for R1 to R4

N.Sudhagar Nagaraj for R5

No appearance for R6 & R7

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ORDER

(Order of the Court was made by P.Velmurugan J.) The present writ petition has been filed seeking a Writ of Mandamus directing the first respondent to take appropriate steps to conduct a comprehensive survey of the temple lands, identify and remove all encroachments thereon, enquire into and prevent illegal quarrying, illegal sand mining and other unlawful activities affecting the temple properties, and take necessary measures for the preservation and protection of the temple lands, in the light of the proceedings in Na.Ka. No.127/2025 (PuMaSu), dated 15.04.2026, and the directions already issued by the District Collector and other competent authorities.

2. The learned counsel appearing for the petitioner would submit that the petitioner is one of the administrators and a Poojari of Kallikaruppar Temple. Every year, during the Tamil month of Aadi, a temple festival is conducted, in which nearly 2,000 families participate. The temple lands are used to accommodate devotees and to conduct festival-related activities. Certain private individuals have allegedly encroached upon portions of the temple lands and have been unlawfully excavating and transporting soil from the said property for commercial purposes. In this regard, the petitioner submitted several representations and complaints to the Revenue and Police Authorities, seeking the removal of encroachments and the prevention of illegal soil excavation. Subsequently, based on the petitioner's representation dated 11.04.2026, the District Collector, Pudukkottai, vide proceedings in Memo No. Na.Ka.127/2026, dated 15.04.2026, directed the concerned authorities to take appropriate action to remove the encroachments, protect the

Government poramboke temple lands, prevent illegal quarrying activities, and submit a report to the Taluk Level Task Force Committee. However, despite the said directions, the respondents have not conducted a survey or identified the encroachments. Hence, the petitioner has filed the present writ petition.

3. The learned Government Pleader appearing for respondents 1 to 4, by producing the proceedings of the third respondent in Na.Ka. No.1111/2026/A6, dated 06.10.2026, would submit that certain persons had formed field bunds and carried out agricultural activities on the subject land approximately one year ago. At present, the crops have been harvested, and the land remains fallow. He would further submit that there is no encroachment in the said survey number at present and that the persons concerned have been instructed not to encroach upon the land in future. Furthermore, a field inspection revealed that no sand or earth had been excavated or removed from the said location. Therefore, as the subject land is presently vacant and free from encroachment, he would pray for the dismissal of the writ petition.

4. Considering the fact that the subject property belongs to a village temple, this Court is of the view that, in the absence of proper fencing, there is a possibility of private individuals encroaching upon the land for agricultural purposes or removing sand and earth therefrom. Therefore, in order to safeguard and protect the temple lands, the fourth respondent is directed to conduct a survey of the subject property with the assistance of the Firka Surveyor and fix boundary stones within a period of four weeks from the date of receipt of a copy of this order, after issuing notice to the petitioner, respondents 5 to 7, and any other interested parties, if any. Upon completion of the survey and fixation of the boundary stones, the petitioner is directed to fence the land with the assistance of the villagers.

5. With the above directions, the writ petition stands disposed of. No costs.

6. Post the matter on 04.12.2026 ‘for reporting compliance’. (P.V.,J.) (R.P.,J.) 16-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No AM

To

1. The District Collector/Monitoring Committee Pudukkottai District, Pudukkottai.

2. The Assistant Director Department of Geology and Mining, Pudukkottai District, Pudukkottai.

3. The Revenue Divisional Officer Pudukkottai District, Pudukkottai.

4. The Tahsildar Viralimalai Taluk, Pudukkottai District.

P.VELMURUGAN, J. AND R.POORNIMA, J. AM WP(MD) No. 18719 of 2026 16-10-2026

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