The Court reaffirmed that temple lands and funds must only be used for religious purposes, asserting the government's lack of authority to misuse such properties under the Hindu Religious and Charitable Endowment Act.

ORDER :

S.M.SUBRAMANIAM, J.

Writ of Mandamus has been instituted to direct the respondents 3 to 5 to remove the encroachments on the temple land in S.No.31 situated at Azhinjivakkam Village, Vadagarai Post, Redhills, Ponneri Taluk, Tiruvallur District and to restore the possession of the land to Managing Trustee of Arulmigu Sri Siddhi Buthi Selva Vinayagar Devasthanam.

2. The petitioner states that he is the representative of the hereditary trustee and a staunch devotee of Siddhi Buthi Selva Vinayagar Temple and accordingly, filed the writ petition.

3. The petitioner states that the President of the Panchayat Board had encroached upon the Temple land and constructed Village Panachyat Seva Maiyam and Panchayat office. No action was taken by the temple management as well as by the competent authority under the HR & CE Act, which resulted in the filing of the present writ petition.

4. The learned Additional Government Pleader appearing on behalf of the respondents 1,3 & 4 would submit that the building was constructed by the Panchayat Board for the usage of Seva Maiyam and Panchayat office also has been constructed in the said temple land. The temple, since not raised any objection initially, the authorities constructed the building. However, the services are yet to be commenced in Seva Maiyam and the building is not utilised for any other purpose. Narrating the sequence, the learned Additional Government Pleader would submit that the funds were sanctioned to the tune of about Rs.42.65 lakhs for the construction of Seva Maiyam and Panchayat office in S.No.31, which belongs to Siddhi Buthi Selva Vinayagar Temple.

5. Admittedly, the land belongs to the temple and constructions are made unauthorisedly without any authority of law under the Hindu Religious and Charitable Endowment Act. Thus, the 5^th respondent is as an encroacher and the building is unauthorised.

6. The learned Special Government Pleader for HR & CE Department would submit that though no action was taken initially by the authorities, subsequently, based on the complaint/ information from the temple authorities including the petitioner, they have initiated eviction proceedings under section 78 of the HR & CE Act. Pursuant to the filing of present writ petition, the Assistant Commissioner, Tiruvallur has initiated eviction proceedings under section 78 of the HR&CE Act in petition in M.P.No.15/2025/A1 dated 12.12.025. The action initiated by the Assistant Commissioner initially is now pending before the Joint Commissioner. Eviction proceedings will be accelerated and all appropriate actions will be taken to resume the temple land and to utilise the same for religious purposes under the provisions of the HR & CE Act.

7. Learned counsel for the petitioner would submit that knowing the fact that the subject land belongs to temple, the respondents 3 to 5 have sanctioned funds for construction of Seva Maiyam and panchayat office illegally and the authorities were hand in glove with the Panchayat President for construction of unauthorised constructions made in temple land. Thus, the respondents 3 to 5 are responsible and accountable for all illegalities including encroachment and unauthorised construction of building in temple lands.

8. This Court heard the parties to the lis on hand.

9. Courts are frequently coming across instances where the Government authorities are utilising the temple lands for other purposes, other than the religious purposes without any authority under the provisions of the Hindu Religious and Charitable Endowment Act and the R