Disputes regarding possession or title over private land, even if alleged to be religious property, must be adjudicated by a competent civil court rather than through writ proceedings under Article 226.

(Order of the Court was made by G.K. ILANTHIRAIYAN,J.)

This writ petition has been filed seeking a direction to respondents

1 to 3 to remove the alleged encroachments made by respondents 4 to 10 in the land comprised in Survey No.855/28 situated at Karthigaipatti, Idaiseval-I Village, Kovilpatti Taluk, Thoothukudi District.

2.The learned counsel for the petitioner submitted that the land in Survey No.855/28 (Patta No.449) was dedicated to the temple in the year 1991 by the ancestors of the Devendrakula Vellalar community for religious purposes. According to the petitioner, the said land has now been encroached upon by respondents 4 to 10. Therefore, the petitioner submitted a representation to respondents 1 to 3 seeking removal of the encroachments. Since no action was taken, the present writ petition has been filed.

3. The learned Government Advocate appearing for respondents 1 to 3, on instructions, submitted that the subject land is a patta land covered under Patta No.449 and belongs to Arulmigu Kaliamman Kovil.

4. From the proceedings dated 12.05.2026 issued by the Tahsildar, Kovilpatti, it is seen that the land is a patta land belonging to Arulmigu Kaliamman Kovil and, therefore, the possession and enjoyment of the land by respondents 4 to 10 cannot be construed as encroachment. However, the petitioner has made a specific allegation that respondents 4 to 10 have encroached upon the temple land. If the petitioner has any grievance regarding the possession and enjoyment of the said land, the petitioner ought to approach the competent Civil Court for appropriate relief.

5. In view of the above, the relief sought for by the petitioner in this writ petition cannot be granted. Accordingly, the writ petition stands dismissed. No costs.