Temple authorities diligently removed encroachment after survey, fulfilling statutory duties under Puducherry Act; petition disposed as issue moot.

5. Murugan, S/o.Paavadai ...Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 to 4 to conduct survey of the temple and survey No.179, 180 N “Sri Arulmigu Meenatchi Sundareswarar and Muthumariamman Temple”, Marie Oulgaret, Puducherry and remove encroachment, and retrieve the said temple’s land within stipulated time.

For Petitioner : Mr.P.R.Thiruneelakandan For Respondents : Dr.B.Ramaswamy Additional Government Pleader [Puducherry] [R1 to R4]

MR.S.Kasiramalingam [R5]

Order

[Order of the Court was made by S.M.SUBRAMANIAM, J.]The writ petition has been filed to direct the respondents 1 to 4 to conduct survey of the temple in survey No.179, 180 N“Sri Arulmigu Meenatchi Sundareswarar and MuthumariammanTemple”, Marie Oulgaret, Puducherry and remove encroachment,and retrieve the said temple’s land within stipulated time.2. The learned Additional Government Pleader(Puducherry) appearing for the respondents 1 to 4 relying on thecounter affidavit filed by the 3rdrespondent/Commissioner,Department of Hindu Religious Institutions & Wakf, would submitthat the subject encroachment has already been removed. Therelevant paragraph in the counter affidavit reads as under:

“7. I most respectfully submit that the above sequence of events-prompt direction to Tahsildar on

29.10.2021 upon receipt of Special Officer’s letter dated 11.10.2021, comprehensive survey of expanded area at Stakeholders’ request culminating in report dated 12.09.2025, and physical removal of the sole identified encroachment on 06.04.2026 with productive reuse by temple-unequivocally demonstrates that this Department has not only duly discharged its statutory obligations under Sections 3A and 25 of the Puducherry Hindu Religious Institutions Act, 1972 towards protection of temple properties but has done so with exemplary diligence.”

In view of the fact that the encroachment has already been removed, the present writ petition stands disposed of. No costs.