Writ court directs exhaustion of statutory revenue remedies for temple land encroachment and patta cancellation before mandamus.

Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the 1st respondent the commissioner Hindu Religious and Charitable Endowments Department, to consider the petitioners representation dated 14.12.2024 and pass appropriate orders on merits and in accordance with law to remove the encroachments from the premises of Arulmigu Kailasanathar Temple, Cheyyur Village, Chengalpattu District in old survey No.347/108, corresponding to New survey No.853/3A2 of Cheyyur B Village, to the extent of 29 cents and another parcel of land in Cheyyur A Village, under patta No.16, survey No.628/3 measuring 10 cents and to complete the pending temple renovation work within a time frame.

For Petitioner(s): Mr.A.Muthu Prakash through V.C.

For Respondent(s): Mr.M.Rajendiran, AGP for R1 to R5 Ms.R.L.Karthika, GA for R6

ORDER

This Writ Petition has been filed seeking a direction to the first respondent / the Commissioner, Hindu Religious and Charitable Endowments Department, to consider the petitioner’s representation dated 14.12.2024 and to pass appropriate orders on merits and in accordance with law to remove the encroachments from the premises of Arulmigu Kailasanathar Temple, Cheyyur Village, Chengalpattu District in old survey No.347/108, corresponding to New survey No.853/3A2 of Cheyyur B Village, to the extent of 29 cents and another parcel of land in Cheyyur A Village, under patta No.16, survey No.628/3 measuring 10 cents and to complete the pending temple renovation work, within a time frame as fixed by this Court.

2. Heard the learned counsels appearing on either side. With the consent of both sides, the Writ Petition is taken up for hearing at the admission stage itself. Since no adverse order is to be passed in this Writ Petition as against the seventh respondent herein, notice to him is dispensed with.

3. It is the case of the petitioner that he is a devotee and resident of Cheyyur Village and his grievance is that the temple lands of Arulmigu Kailasanathar was illegally encroached and subdivided and pattas were also issued in the name of private parties, which paves to financial loss to the temple. The encroachments also prevents the general public as well as devotees to enter the temple for worship and further hampered the renovation work of the temple. In this regard, he made several representations to the respondents, which evoked no response and hence, the present Writ Petition.

4. The learned counsel for the petitioner submitted that the subject temple was built by Chola King Rajasekaraverman prior to 1000 years and the lands of the said temple were illegally encroached by private parties and pattas were also issued in their names and due to the said encroachments, huge loss is caused to the temple and also hinders the worshippers and general public to enter into the temple and prevents the renovation work. He added that the fifth respondent had subdivided the land in Survey No.853/1 and issued patta to the seventh respondent herein to an extent of 29 cents and another parcel of land to an extent of 0.10 cents in Survey No.628/3. He further submitted that the petitioner along with general public made a representation dated 14.12.2024 to the first respondent and sent the copy of the same to the respondents 2 to 6 for which the second respondent requested a report from the Inspector, Cheyyur Range in regard to the said encroachments, however thereafter, there was no progress in the issue and hence, the present Writ Petition.

5. Per contra, the learned Additional Government Pleader submitted that the petitioner’s claim is to cancel the patta issued by the fifth respondent to the seventh respondent and also other encroa