BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.12.2025 CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN W.P.(MD) No.35068 of 2025 and W.M.P.(MD) No.27758 of 2025 C.Archunan The Secretary Arul Mighu Sundara Anjaneyar Kovil Thiruppanikkulu Bodi Meenakshipuram Theni - District ... Petitioner -vs-

1.The Chief Engineer (General)

State Highways Authority Highways Department Tamil Nadu Government Chennai

2.The Divisional Engineer State Highways Department (Construction and Maintenance)

Theni District, Theni

3.The Assistant Divisional Engineer Highways Department Theni District, Theni

4.The Tahsildar Bodinaickanoor Taluk Bodinaickanoor Theni – District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus calling for the records pertaining to the impugned order passed by this 3^rd respondent, vide Na.Ka.No.valaku/2025/A1 dated 14.11.2025 and quash the same as not valid and consequently forbearing these respondents from demolishing and removing “Arulmighu Sundara Anjeaneyar Temple” situated in Thirumulapuram - Meenatchipuram road km 2/2 in the right side in S.No.1795, situated in Bodi Meenatchipuram in Bodinaickanur Taluk in Theni District.

For Petitioner : Mr.F.X.Eugene For Respondents : Mr.S.P.Maharajan Special Government Pleader

O R D E R

[Order of the Court was made by DR.G.JAYACHANDRAN, J.]

Mr.S.P.Maharajan, learned Special Government Pleader, takes notice for the respondents

2. With the consent of both sides, this writ petition is taken up for final hearing at the admission stage itself.

3. The petitioner herein claiming as Secretary of the Renovation Committee of Arulmigu Sundara Anjaneyar Kovil, Bodi Meenakshipuram, Theni District, has filed this writ petition challenging the impugned eviction notice, dated 14.11.2025, issued by the Highways Department.

4. According to the petitioner, he is the Secretary of the Renovation Committee, which has renovated the temple situated at the road margin. The Highways Department had not considered the fact that the temple is in existence for a long number of years and being worshipped by the local people without any hindrance to the free flow of traffic in the highways Infact, the temple is far away from the proposed expansion of the highways.

However, when they attempted to remove the temple without proper notice, the petitioner approached this Court by way of a writ petition in W.P.(MD) No. 27006 of 2019 seeking a mandamus to the respondents. This Court, by an order dated 11.12.2024, considered the prayer of the petitioner and directed the respondents not to remove the temple without following due process provided under the Tamil Nadu Land Encroachment Act, 1971. Whileso, the present impugned proceedings has been issued under the Tamil Nadu Highways Act, 2001 per se contrary to the directions issued by this Court in the earlier writ petition. Further, instead of causing notice to the management of the temple, the impugned notice has been caused to the Secretary of the Renovation Committee, which is responsible only for the renovation works of the temple and not for day-to-day administration of the temple.

5. Learned Special Government Pleader appearing for the respondents would submit that the disputed structure is lying on the Government land near the State Highways land. Earlier, when the petitioner was directed to remove the encroachment, he approached this Court seeking mandamus forbearing the respondents from taking any action without giving prior notice as contemplated under the Tamil Nadu Highways Act, 2001. The Division Bench of this Court disposed of the said writ petition recording the apprehension of the petitioner that the official respondents may resort to remove the construction without following due process as contemplated under the Tamil Nadu Land Encroachment Act, 1971.

6. The relevant portion of the order dated 11.12.2024, passed by the Division Bench of th