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2026 Supreme(Online)(Mad) 30462
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Sushrut Arvind Dharmadhikari, CJ, G.Arul Murugan, J
A.Anbarasan – Appellant
Versus
The District Collector – Respondent
W.P.No.13068 of 2026
For the Appellants/Petitioners: Ms.S.Gayathri
For the Respondents:Mr.K.Karthik Jagannath Government Advocate for R1, R2, R4 and R7, Mr.S.Ravichandran Spl. GP (HR& CE) for R3, R5 and R6
Mandamus directs authorities to expeditiously remove encroachments on temple lands following due process.
Headnote:Under Article 226 of the Constitution of India, the petition seeks mandamus to implement a communication directing removal of encroachments on temple lands in specified survey numbers. Essential facts include encroachments by private persons on lands belonging to a religious temple, with prior recommendation for removal ignored. The court noted assurances from authorities to act in accordance with law. The sole issue is implementation of the encroachment removal order. The ratio decidendi emphasizes expeditious action by competent authorities following due process, based on survey confirming encroachments and counsels' submissions. The writ petition is disposed with directions to complete encroachment removal within two months; no costs ordered.
| Table of Content |
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| 1. petition seeks mandamus for encroachment removal on temple land. (Para 2 , 3) |
| 2. authorities assure due process for encroachment eviction. (Para 4 , 5) |
| 3. court directs expeditious removal within two months. (Para 6) |
Respondents PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondent No.5 to implement the communication dated 10.11.2025 passed by the respondent No.6 to remove the encroachments made in S.F.No.58/14, 58/8 at Perali South (Maruvathur) Village, Kunnam Taluk, Perambalur District.
For Petitioner: Ms.S.Gayathri For Respondents: Mr.K.Karthik Jagannath Government Advocate for R1, R2, R4 and R7 Mr.S.Ravichandran Spl. GP (HR& CE) for R3, R5 and R6 ORDER (Order of the Court was made by the Hon'ble Chief Justice)
Heard.
2. This writ petition under Article 226 of the Constitution of India has been filed by the petitioner seeking direction to respondent No.5 to implement the communication dated 10.11.2025 passed by respondent No.6 to remove the encroachments made in S.F.Nos.58/14 and 58/8 at Perali South (Maruvathur) Village, Kunnam Taluk, Perambalur District.
3. Learned counsel for the petitioner submitted that the lands in S.F.Nos.58/8 and 58/14 belonging to Arulmigu Maruvathur Ellaiamman Temple have been encroached by private persons and despite recommendation dated 10.11.2025 made by respondent No.6 to remove the encroachments, no effective action has been taken by the concerned authorities till date.
4. Learned State counsel appearing for respondent Nos.1, 2, 4 and 7 submitted that action shall be taken forthwith to remove the encroachments, if any, made on the aforesaid survey numbers, in accordance with law.
5. Learned counsel appearing for respondent Nos.3, 5 and 6 submitted that survey of the said lands has already been conducted and it was found that five persons have encroached upon and constructed houses. He would submit that, after following due process of law, the said encroachments would be removed.
6. In view of the aforesaid statements made by learned State counsel as well as learned counsel appearing for the HR & CE Department, we dispose of the writ petition with a direction to the competent authorities to complete the process for removal of encroachments made in the subject-lands as expeditiously as possible, preferably within a period of two months from the date of receipt of a copy of this order. There shall be no order as to costs.
