Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Mad) 19766

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR, M.JOTHIRAMAN, JJ
Trustee Thoothukudi District Vilathikulam Taluka Kulathur Hindu Vaniga Vysya Kulathirkku Pathiaypatta Sri Sakthi Kaliyamman Koil Trust – Appellant
Versus
1. The District Collector, Thoothukudi District. – Respondent
W.P(MD)No. 5918 of 2026 | W.M.P.(MD) No.4937 of 2026

Advocates:
For the Appellants/Petitioners: Mr. A.Mohamedhaneef
For the Respondents: Mr.D.Sasikumar, Mr.S.P.Maharajan, Mr.N.Ananadhakumar

Authorities are obligated to conduct surveys and address encroachments while ensuring due process and opportunities for involved parties.

Headnote:The petitioner, a temple trustee, seeks a writ of mandamus under Article 226 to remove encroachments by private respondents on land classified as 'sarkar poramboke' used for temple access. The court observed the relevant authorities must conduct a survey and take action as per law, ensuring opportunities are provided to the respondents. The petition was disposed of without costs.

Table of Content
1. petitioner seeks action against encroachment. (Para 1 , 2)
2. government to survey and address issues. (Para 3)
3. writ petition disposed with no costs. (Para 4 , 5)

(Order of the Court was made by N.SATHISH KUMAR, J.)

The petitioner seeks a direction to remove the encroachment made by the respondents 7 and 8.

2. The petitioner is the trustee of Sri Sakthi Kaliyamman Temple.

According to the petitioner, the respondents 7 and 8 have encroached upon the land in Natham Survey No.490/36. The said land is classified as ‘sarkar poramboke’ and the said land is being used by the people at the time of temple festival and also the land has been used as an access to the temple and it is maintained by the temple without any obstructions.

Hence, he seeks a direction to remove the same.

3. The learned Special Government Pleader for the respondents 4 and 5, citing the communication sent by the Tahsildar, submits that the land is classified as ‘Natham’ and they will take a survey. In the event of any encroachment is found, they will proceed as per law.

4. In view of the same, this Court is of the view that let the respondents conduct survey and in the event of any encroachment, they shall proceed as per law and before taking any action, proper opportunity shall be provided to the private respondents.

5. With the said observations, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

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