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2026 Supreme(Online)(Mad) 31600
IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.DHANDAPANI, J
R.Karmegakumar – Appellant
Versus
THE COMMISSIONER HINDU RELIGIOUS CHARITABLE AND ENDOWMENTS DEPARTMENT – Respondent
W.P.No.10503 of 2024
For the Appellants/Petitioners: Mr.P.Kannan Kumar
For the Respondents: Mr.N.R.R.Arun Natarajan for R1 to R3 Special Government Pleader, Mr.M.Selvam for R4
Court directs enquiry into temple land encroachments and impleads DRO for resolution.
Headnote:Under Article 226 of the Constitution of India, petitioner sought mandamus directing authorities to recover temple lands encroached upon. Essential facts involve lands belonging to temples in Sentharapalli Village encroached by fourth respondent, with prior representation leading to partial action but no enquiry by District Revenue Officer. Court impleaded DRO and directed enquiry. Issue framed as directing enquiry into encroachments on specified temple lands per land records and prior letter. Ratio decidendi: Court accepted limited relief for enquiry hearing parties and passing orders within twelve weeks, as no objections raised by respondents. Writ petition disposed with directions to fifth respondent to conduct enquiry and pass appropriate orders within twelve weeks.
| Table of Content |
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| 1. petition seeks recovery of encroached temple lands (Para 1 , 2) |
| 2. petitioner requests impleading dro for enquiry (Para 3 , 4) |
| 3. court impleads dro and directs enquiry within 12 weeks (Para 5 , 6) |
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 to 3 to take action against the fourth respondent and to recover the lands in Old Survey No.20/381, New Survey No.392/3, comprised in Senthapalli Village, to an extent of 5.35 acres, belonging to Kannan Perumal Temple from the fourth respondent and to restore the lands for the Temple and use the same for the Temple purpose.
For Petitioner : Mr.P.Kannan Kumar For Respondents : Mr.N.R.R.Arun Natarajan for R1 to R3 Special Government Pleader Mr.M.Selvam for R4
O R D E R
The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the respondents 1 to 3 to take action against the fourth respondent and to recover the lands in Old Survey No.20/381, New Survey No.392/3, comprised in Senthapalli Village, to an extent of 5.35 acres, belonging to Kannan Perumal Temple from the fourth respondent and to restore the lands for the Temple and use the same for the Temple purpose.
2.The learned counsel appearing for the petitioner submitted that the land in Old Survey No.20/381, New Survey No.392/3 in Sentharapalli Village, Krishnagiri District, to an extent of 5.35 acres belong to Kannan Perumal Temple and the land in Old Survey No.588, New Survey No.392/4 in Sentharapalli Village, Krishnagiri District, to an extent of 50 cents belong to Ponni Amman Temple, however, the said lands were encroached by the fourth respondent and aggrieved by the same, the petitioner made representation to the respondents, pursuant to which, the third respondent addressed letter dated 29.02.2024 to the District Revenue Officer, Krishnagiri to restore the land as per the land development record to the system prevailed prior to the land development records scheme with respect to the land in New Survey No.392/4 to an extent of 50 cents, however, the third respondent did not send any proposal with respect to the land in New Survey No.392/3 to an extent of 5.35 acres, however, the District Revenue Officer, Krishnagiri, did not conduct any enquiry even in respect of the land in New Survey No.392/4 to an extent of 50 cents.
3.The learned counsel appearing for the petitioner further submitted that though the District Revenue Officer, Krishnagiri, is not arrayed as a party in this writ petition, this Court may suo motu implead District Revenue Officer, Krishnagiri, as the fifth respondent and issue direction to the District Revenue Officer, Krishnagiri, to conduct enquiry in respect of the land in Old Survey No.20/381, New Survey No.392/3 to an extent of 5.35 acres and the land in Old Survey No.588, New Survey No.392/4 to an extent of 50 cents, hear the respondents 3 and 4 and to pass appropriate orders.
4.The learned Special Government Pleader appearing for the respondents 1 to 3 as well as the learned counsel appearing for the fourth respondent raise no objection for this Court considering the limited relief now sought for by the learned counsel appearing for the petitioner.
5.In view of the above, this Court suo motu impleads ‘The District Revenue Officer, Krishnagiri District’ as the fifth respondent in this writ petition.
6.The District Revenue Officer, Krishnagiri District/ fifth respondent is directed to conduct enquiry in respect of the land in Old Survey No.20/381, New Survey No.392/3 in Sentharapalli Village, Krishnagiri District, to an extent of 5.35 acres and the land in Old Survey No.588, New Survey No.392/4 in Sentharapalli Village, Krishnagiri District, to an extent of 50 cents and also in terms of the letter of the third respondent dated 29.02.2024, hear the respondents 3 and 4, peruse the documents produced by the fourth respondent, and pass appropriate orders, within a period of twelve weeks from the date
