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2026 Supreme(Online)(Mad) 33629
IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R.Swaminathan, R.Poornima, JJ
G.Kannan – Appellant
Versus
The District Collector, District Collectorate Office, Madurai. – Respondent
W.P.(MD)No.965 of 2022
For Petitioner: Mr.P.Ranjith Kumar
For Respondents: Mr.G.V.Vairam Santhosh, Addl. Government Pleader for R1 to R3.
Encroachments on temple lands require action under Section 78 of HR&CE Act by Joint Commissioner, not revenue authorities.
Headnote:The petitioner sought a writ of mandamus directing revenue authorities to remove alleged encroachments on temple lands under Survey Nos.73/2, 75/2A, and 56/6 in Achampatti Village. Relevant provision is Section 78 of the Hindu Religious and Charitable Endowments Act, applicable if the temple falls under the Department's purview. Court examined revenue records confirming the lands as temple property and noted Additional Government Pleader's submission that lands remain vacant without encroachments. Issue framed as whether revenue authorities can act on encroachments of temple lands. Court observed that revenue authorities may lack jurisdiction, directing action under Section 78 by Joint Commissioner if applicable, emphasizing departmental procedure for temple land protection. Writ petition disposed of with aforesaid observations, no costs.
The petitioner alleges that there are encroachments in S.Nos.73/2, 75/2A and 56/6, Achampatti Village, Vadipatti Taluk, Madurai District. We had a look at the revenue record. It is seen that these are temple lands. The learned Additional Government Pleader on instruction states that the lands in question continue to be vacant and that there are no encroachments. Be that as it may, if a temple land has been encroached, the revenue authority may not be in a position to take action. If the temple in question comes under the purview of the Hindu Religious and Charitable Endowments Department, then action has to be taken under Section 78 of the Hindu Religious and Charitable Endowments Act by the Joint Commissioner.
2.With the aforesaid observations, this writ petition is disposed of.
