A writ petition for removal of encroachment is not maintainable when revenue records establish the land belongs to the occupant; any dispute regarding title must be resolved in a competent Civil Court.

Writ Petition filed under Article 226 of the Constitution of India directing the 1st to 3rd respondents to consider the petitioner’s representation dated 09.06.2025 and remove the temple encroachment constructed in survey Number 277 /4 (T.S.No.63/2 in Block-3, Ward-D) situated at Samundeshwari Street, Gajalakhmi Nagar, Vandavasi Taluk, Tiruvannamalai District.

For Petitioner(s): Ms.T.Sreelekha

For Respondent(s): Mr.T.Arunkumar

Additional Government Pleader

for R1-3 & 5.

No appearance for R4

ORDER

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

Writ Petition has been instituted to direct respondents 1 to 3 to consider the petitioner’s representation dated 09.06.2025 and remove the temple encroachment constructed in survey Number 277 /4 (T.S.No.63/2 in Block-3, Ward-D) situated at Samundeshwari Street, Gajalakhmi Nagar, Vandavasi Taluk, Tiruvannamalai District.

2. Learned Additional Government Pleader relying on the written instructions given by Tahsildar, Vandavasi would submit that the authorities conducted survey and found that the temple land is not an encroachment. It is a presumption, based on which, petitioner claimed that it is a public road. On verification of revenue records, authorities found that land belongs to the temple. That being the factum, relief as such sought for to evict the encroachers does not arise at all. If any title dispute exists, the petitioner has to approach the competent Civil Court.

3. With the above observations, writ petition is dismissed. No costs. Consequently, the connected miscellaneous petitions, if any, are closed.