IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.01.2026

CORAM :

THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA,

CHIEF JUSTICE

AND

THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN

W.P.No.49636 of 2025

and W.M.P.No.55481 of 2025

Annamalai

S/o.Mannathan,

D.No.2/305, Mettukadu,

Dhevanagoundanur Village,

Sankari Taluk, Salem District.

Petitioner

Vs

1.The District Collector

Salem.

2.The Joint Commissioner

Tamil Nadu Hindu Religious and

Charitable Endowment Department

Kariyaperumal Karadu Salai,

Neathimedu,

Salem- 636 001.

3.The Block Development Officer

The Panchayat Union Office

Tharamangalam,

Omalur Taluk, Salem District.

4.The Tahsildar Omalur, Salem District. 5.The President Ramareddipatty Village Panchayat Tharamangalam, Omalur Taluk, Salem District.

Respondents PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to remove the encroachment and restrain them from laying any road in S.No.170/1 at Ramareddipatty Village, Omalur Taluk, Salem District.

For Petitioner: Mr.K.B.Vivekanandhan For Respondents: Mr.K.Karthik Jagannath Government Advocate for respondent Nos.1, 3 & 4 Mr.N.R.R.Arun Natarajan Spl. GP (HR & CE)

for respondent No.2 ORDER (Order of the Court was made by the Hon'ble Chief Justice)

Heard learned counsel for the parties.

2. This petition has been filed by the petitioner alleging that even though in the earlier round of litigation the authorities have given an undertaking that no road shall be constructed on the property of the temple, three years after that order was passed, again the Panchayat authorities have started constructing the road.

3. Learned counsel appearing for the HR & CE Department/

respondent No.2 would submit that, as a matter of fact, a complaint was made by the Department and taking cognizance of the same, the Tahsildar has directed construction to be stopped vide his letter dated

31.12.2025.

4. We have perused both the letter and the complaint, which have been placed for our perusal and the same shall form part of the record.

5. Learned counsel appearing for respondent Nos.1, 3 and 4 would submit that in view of the order passed by this Court earlier on 15.09.2022 in W.P.No.24761 of 2022, no construction would be permissible and the Tahsildar has again issued fresh order.

6. The District Collector, Salem, is directed to ensure that any violation of the Court order passed earlier is strictly dealt with and, if the Panchayat authorities are involved in any activity towards construction of road on the temple land contrary to the direction of the Court, appropriate action should be taken against them.

7. With the above direction, the writ petition stands disposed of.

There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

(MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J)

02.01.2026 Index : Yes/No Neutral Citation : Yes/No bbr To:

1.The District Collector Salem.

2.The Joint Commissioner Tamil Nadu Hindu Religious and Charitable Endowment Department Kariyaperumal Karadu Salai, Neathimedu, Salem- 636 001.

3.The Block Development Officer The Panchayat Union Office Tharamangalam, Omalur Taluk, Salem District. 4.The Tahsildar Omalur, Salem District. 5.The President Ramareddipatty Village Panchayat Tharamangalam, Omalur Taluk, Salem District.

THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J.

bbr

02.01.2026