The Court may, as a one-time discretionary measure in the interest of public/religious festivals, permit the temporary use of an unauthorized construction on government land, provided usage charges are paid and the property is secured (locked and sealed) immediately thereafter.

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent to permit the petitioner to open and use the Seelaikari Annadhana Hall situated at Vetrilaimuruganpatti, Kariapatti Taluk, Virudhunagar District, for conducting Annadhanam in connection with the Aadi Krithigai Festival on 05.08.2026 and 06.08.2026 based on the petitioner's representation dated on 04.08.2026.

ORDER

The petitioner has approached this Court at the 11th hour for the following relief after securing a lunch motion.

“Writ of Mandamus, directing the respondent to permit the petitioner to open and use the Seelaikari Annadhana Hall situated at Vetrilaimuruganpatti, Kariapatti Taluk, Virudhunagar District, for conducting Annadhanam in connection with the Aadi Krithigai Festival on 05.08.2026 and 06.08.2026 based on the petitioner's representation dated on 04.08.2026.”

It is the case of the petitioner that the petitioner association is an unregistered society. It is submitted that every year during the month of Aadi, Krithigai festival is held and this year also, the festival is to be held today (05.08.2025) and tomorrow (06.08.2026). It is the case of the petitioner that more than 1500 footfalls expected for Annadhanam.

The learned counsel for the petitioner would submit that the petitioner had put up a construction, which was subjected to proceeding under the provisions of the Tamil Nadu Land Encroachment Act, 1905, and the Rules made there under and that the petitioner association was constrained to approach this Court earlier before the Division Bench in W.P.(MD) No.28544 of 2022, wherein the following orders came to be passed on 01.03.2023:-

“19. Considering the above facts and circumstances and in the interest of justice, we are inclined to pass the following order:

(i) The sixth respondent is directed to take necessary action for removal of unauthorized constructions, in the lands in question by following the Rules, within a period of four weeks from the date of receipt of a copy of this order.

(ii) This order will not stand in the way of the petitioner to approach the authority concerned seeking for grant of patta for the aforesaid land in Survey Nos.43/12 and 43/13 in Vetrilaimurianpatti Village of Kariyapatti Taluk within a period of two months.

(iii) If no such patta is obtained within the said period, as per the undertaking given by the petitioner, the petitioner shall hand over the said land in question without any further notice, failing which, the authority concerned is directed to take possession of the property without any further reference to this Court”

In para 18, the Court has observed as under:-

“18.The petitioner has made a request before this Court that the property in question is classified as “Kaliyidam and Kalimanai”, which is a vacant land and it belongs to Revenue Department. As per the Revenue Standing Order, it is for the revenue authorities to consider for grant of patta to the persons, if they are found otherwise eligible. In such circumstances and in view of public interest involved, the petitioner seeks for liberty to approach the authorities concerned for grant of patta. Therefore, we are of the view that it is for the Government to consider for grant of patta to the petitioner, if he satisfies all other norms and regulations. It is made clear that this Court has not given any positive direction to the respondents to consider the request made by the petitioner ”

The learned counsel for the petitioner would submit that pursuant to the directions of the Court, the petitioner has applied for patta before the concerned Revenue Authorities and that the Revenue Authorities are processing the application filed by the petitioner.

The learned Government Advocate for the respondent would submit that the petitioner has not given any representation and that the petitioner has directly approached this Court for the relief stated supra.

In repl