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2026 Supreme(Online)(Mad) 32105

MADURAI BENCH OF MADRAS HIGH COURT
N. Sathish Kumar, M. Jothiraman, JJ
S.Murugan – Appellant
Versus
The District Collector/Monit – Respondent
W.P.(MD)No.5909 of 2026



Advocates:
For the Appellants/Petitioners: D. Baskar
For the Respondents: D. Sasikumar

When temple land is allegedly encroached upon through the illegal issuance of pattas, the responsibility for initiating corrective action lies with the temple authorities and the Hindu Religious and Charitable Endowments Department.

Headnote:The petitioner filed a writ petition under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus to direct the removal of encroachments on temple land in Survey No. 87 and 88. It was alleged that pattas were illegally issued for the land belonging to the temple. The court found that the grievance regarding the issuance of pattas on temple land falls under the jurisdiction of the temple authorities and the Hindu Religious and Charitable Endowments Department. The central issue was whether the court should direct revenue officials to remove encroachments when the petitioner claimed that pattas had been issued illegally. The court reasoned that if pattas were indeed issued for land belonging to a temple, it is for the temple authorities and the Hindu Religious and Charitable Endowments Department to take the appropriate legal action to rectify the situation. Accordingly, this writ petition is dismissed.

Table of Content
1. dispute regarding the removal of encroachments on temple land and the legality of issued pattas. (Para 1 , 2 , 3)
2. the responsibility for challenging illegal pattas on temple land rests with the hr&ce department. (Para 4 , 5)

PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to direct the respondents 1 to 3 to remove the encroachment on land, belonging to Arulmighu Nalla Sivalinga Samy Temple, Vasudevanallur Village, Sivagiri Taluk, Tenkasi District, in Survey No. 87 and 88, admeasuring about Ac.6.84.

ORDER

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

The petitioner has filed this writ petition seeking a direction to the respondents 1 to 3 to remove the encroachment in the property, belonging to Arulmighu Nalla Sivalinga Samy Temple, Vasudevanallur Village, Sivagiri Taluk, Tenkasi District, in Survey No. 87 and 88, admeasuring about Ac.6.84.

2.The learned counsel appearing for the petitioner would submit that patta has been issued illegally for the land belonging to the temple and therefore, the encroachment should be removed.

3.The learned Additional Government Pleader appearing for the respondents would submit that the lands mentioned by the petitioner were classified into several sub divisions and it is not a Government land.

4.We have considered the submissions made on either side and perused the records carefully.

5.The submission of the learned counsel for the petitioner indicates that pattas were issued by the authorities. Such view of the matter, if any patta has been issued for the land belonging to the temple, it is for the temple authorities and Hindu Religious and Charitable Endowments Department to take appropriate action. Therefore, we do not find any merits in this writ petition. Accordingly, this writ petition is dismissed. There shall be no order as to costs.

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