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2026 Supreme(Online)(Mad) 26812

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR, M.JOTHIRAMAN, JJ
M.Krishnamoorthy – Appellant
Versus
The District Collector, Tiruchirappalli District, Tiruchirappalli – Respondent
W.P(MD)No.3217 of 2026



Advocates:
For the Appellants/Petitioners: Mr.G.Thalaimutharasu
For the Respondents: Mr.J.Ashok (R1 to R5), Mr.V.Chandrasekar (R6), Mr.A.Joel Paul Antony

Temple authorities to conclude eviction proceedings under Section 78(2) lawfully after hearing explanations.

Headnote:The petitioner sought a writ of mandamus under Article 226 directing authorities to inquire and remove alleged encroachments on temple land in specified survey numbers under the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959. Court noted temple's initiation of eviction proceedings via notice under Section 78(2). Authorities directed to conclude proceedings lawfully. Issue framed as directing enquiry and removal of encroachment based on representation. Ratio: Temple authorities already acted under Section 78(2); respondents to consider explanations and decide on merits expeditiously. Writ petition disposed of with directions; no costs.

Table of Content
1. petition seeks mandamus for temple encroachment removal. (Para 1)
2. temple initiated eviction via section 78(2) notice. (Para 2)
3. direct authorities to conclude proceedings expeditiously. (Para 3 , 4)

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

The petitioner has filed the present Writ Petition seeking a direction to the respondents 1 to 5 to conduct an enquiry and remove the encroachment allegedly made by the seventh respondent in respect of the sixth respondent–Government Temple, situated in Survey No.317/2 and Survey No.49/26 of Chitoor Village, Thottiyam Taluk, Tiruchirappalli District.

2.When the matter is taken up for hearing today, the learned counsel appearing for the sixth respondent/Temple submitted that the Temple administration has already initiated necessary proceedings for eviction and that a notice under Section 78(2) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 has been issued to the seventh respondent.

3.Considering the above submission, the seventh respondent is at liberty to submit an explanation before the authorities concerned. The authorities concerned shall conclude the proceedings, in accordance with law, after taking into consideration the explanation, if any, submitted by the seventh respondent, and pass appropriate orders on merits and in accordance with law, as expeditiously as possible.

4.With the above directions, this Writ Petition is disposed of. No costs.

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