Judicial authority mandates enforcement of temple property protections against encroachment, obligating officials to act promptly upon complaints.

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

Writ Petition has been instituted seeking direction to 1^st to 7^th Respondents to remove the encroachment made by the private Respondents 10 to 41 in Survey Nos.67/1, 67/3 to 67/30 situated at Thimmapuram Village, Chinna Salem Taluk, Kallakurichi District as per the Order dated 10.01.2025 passed in M.P. No. 19 of 2024 by the 7^th Respondent by availing necessary assistance of the 8^th and 9^th Respondents in the event of any obstruction from the encroachers and further direct the Official Respondents 1 to 4 not to issue Patta to the Private Respondents 10 to 41, based on the Petitioner’s representation dated 06.10.2025 within a time frame.

2. Learned counsel for the petitioner would submit that petitioner is a temple, and the properties belonging to the temple are under encroachment. Several representations are submitted to authorities, including the Joint Commissioner, HR&CE Department.

3. Once a complaint is received regarding encroachment of temple properties, temple authorities as well as the competent authorised are bound to conduct an inspection, and initiate action for removal of encroachment to safe guard the temple properties. Officials, failing in their duty to protect temple properties are liable for commission of lapses, negligence and dereliction of duty.

4. Learned counsel for the petitioner would submit that several complaints have been submitted for removal of encroachments and to resume the temple properties, but the HR & CE officials have not taken any action. He would further submit that Tahsildar is taking steps to issue patta in respect of the temple properties.

5. In view of the above position, respondents 6 and 7, namely, Assistant Commissioner (HR&CE) and Joint Commissioner (HR&CE) are directed to initiate appropriate action against the Tahsildar, if any such pattas have been issued to the encroachers. Appropriate steps are to be taken to protect temple properties, if necessary, by providing documents to revenue authorities. 6. Further, 6^th and 7^th respondents are directed to conduct an inspection and identify encroachments in the temple properties and initiate eviction proceedings under Section 78 of the HR & CE Act, and remove the encroachments by following procedure and by affording opportunity to encroachers. The entire exercise is directed to be completed within 4 months from the date of receipt of this order.

7. With the above directions, the writ petition is disposed of. No costs. Consequently, the connected miscellaneous petitions, if any, are closed.