2026:MHC:224 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19-01-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE C.KUMARAPPAN WP No. 28424 of 2025 Pooja, D/o Srinivasan A.K 293/1, Reddiar Street, Adiyankuppam Village, Vandavasi Taluk Tiruvannamalai District, Tamil Nadu 604 403 ..Petitioner(s)

Vs

1. The District Collector,Tiruvannamalai, Tiruvannamalai District

2. The Revenue Divisional Officer,Vandavasi Taluk, Tiruvannamalai District

3. The TashildarVandavasi Taluk, Tiruvannamalai District

4. The Village Administrative OfficerAdiyankuppam Village, Vandavasi Taluk, Tiruvannamalai District

5. ShanthiW/o Narayanan, Adiyankuppam Village, Vandavasi Taluk, Tiruvannamalai District

6. S.RajaselviW/o Sivakumar Adiyankuppam Village, Vandavasi Taluk, Tiruvannamalai District

7. DiraiS/o Nondi Adiyankuppam Village, Vandavasi Taluk, Tiruvannamalai District

8. SivakumarS/o Ponnusamy, Adiyankuppam Village, Vandavasi Taluk, Tiruvannamalai District

9. The Commissioner,Tamil Nadu Hindu Religious And Charitable Endowments Department, No.119, Uthamar Gandhi Salai, (previously Nungambakkam High Road), Nungambakkam, Chennai - 600 034.

10.The Joint Commissioner,Tamil Nadu Hindu Religious And Charitable Endowments Department, Tiruvannamalai, Tiruvannamalai District.

11.The Assistant Commissioner,Tamil Nadu Hindu Religious And Charitable Endowments Department, Tiruvannamalai, Tiruvannamalai District. (R9 To R11 Suo Motu Impleaded Vide Order Dated 04.08.2025 Made In Wp.28424/2025 By Msj, Tvkj)

..Respondent(s)

Directing the 1st Respondent to take effective measures to stop the construction of temple in Adiyankuppam village, Vandavasi Taluk, Tiruvannamalai Distrct survey No 209 encroaching the pond and subsequently take appropriate action to restore the pond and pass For Petitioner(s): Mr.A.Manojkumar For Mr.M.Manimaran For Respondent(s): Mr.T.Arun Kumar, AGP for RR1 to 4.

Mr.K.C.Karl Marx, for RR5 To 8.

Mr.N.R.R. Arun Natarajan, SGP (HR&CE) for RR9 to 11.

ORDER

(Order of the Court was made by S.M.Subramaniam J.)

`

Writ of Mandamus has been instituted to direct the 1^st respondent to take effective measures to stop the construction of temple in Adiyankuppam Village, Vandavasi Taluk, Tiruvannamalai District, Survey No.209 encroaching the pond and subsequently, take appropriate action to restore the pond. 2. Learned counsel for the petitioner would mainly contend that the respondents 5 to 8 started constructing a temple in Government promboke land which is classified as “Kulam”(water body). Constructions in the water body caused obstructions to the people moving around in that locality. Subsequent to the filing of the writ petition, the authorities have stopped unauthorised constructions. Thus, the writ petition is to be considered.

3. Learned counsel for the respondents 5 to 8 would oppose by stating that Temple exists nearby the pond for 35 years and the people of that locality are worshipping the deity. It is renovation of the temple, which is proposed and therefore, the present writ petition is to be rejected.

4. Learned Special Government Pleader, HR & CE Department would submit that Inspector of HR & CE Department conducted field inspection and a Fit Person was appointed to the temple. New construction is made in a water body and during inspection, the authorities found that there is no pathway to reach the new temple construction. The adjacent land is a patta land, belongs to a private person. In the event of completion of the proposed construction, there is no possibility for creating a pathway. Therefore, there is likelihood of arising law and order issue in that locality, if the patta lands are utilised for the purpose of reaching ongoing construction site. That apart, the new proposed construction is made in a Government promboke land, classified as “Kulam” (water body). The village people are utilising the water body for catering the needs of animals. No permission has been obtained from the competent authority namely, District Colle