Writ Petitions are filed under article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents 4 and 5 to implement the communication issued by the 2nd respondent in Na.ka.No. 412/2024/Aa2 dated 18.03.2025, whereby the authorities were instructed to conduct a field inspection with the assistance of the Tahsildar/3rd respondent and identify the encroachments over the temple property and on receipt of report or complaint thereof, direct the 1st respondent to initiate proceedings under Section 78 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 for removal of encroachments and retrieval of the temple property comprised in Survey No.1/1, measuring 1.35 acres situated at Kariapatti Village, Virudhunagar District, within a time frame to be fixed by this Court.

ORDER

1. This writ petition is filed for a prayer directing the respondents 4 and 5 to implement the communication by the 2nd respondent dated 18.03.2025.

2. The learned counsel for the petitioner would submit that the matter relates to removal of encroachment on the temple land. For the purpose of filing an application to evict the encroachers, the second respondent, namely the Assistant Commissioner, Virudhunagar, had requested the respondents 3 and 4 to survey the lands to determine the nature of encroachments and also the extent of encroachments and only after the receipt of a report from the respondents 3 and 4, due application can be made by the 2nd respondent under Section 78 of the Act, before the 1st respondent for initiation of eviction proceedings and the same is not being done and therefore, the present writ petition is filed.

3. However, when the matter came up for hearing, the learned counsel appearing on behalf of the respondents would submit that the survey has been completed and already a report has been submitted, based on which, applications have been filed before the 1st respondent under Section 78 of the Act, which has been taken on file as MP No.200592 of 2023 and proceedings have been initiated as against the encroachers.

4. In view of the same, the prayer originally sought for in the writ petition no longer survives and as such, by observing that the respondents to continue the eviction proceedings as swiftly as possible, this Writ Petition stands disposed of. No costs.

08.04.2026

NCC:Yes/No