Case Note & Summary
The writ petition was filed by M. Dhanam under Article 226 of the Constitution of India seeking a Writ of Mandamus directing the respondents 1 to 4 (District Collector, Tahsildar, Commissioner of Kadayampatty Union, and Joint Commissioner of HR&CE Department) to consider her claim to remove encroachment made at Kanjanaikkan Patty Village, Survey No.169/1, Panchayat Road, Kadayampatty Taluk, Salem District. The learned Additional Government Pleader for the HR&CE Department submitted that authorities conducted an inspection and found temple properties encroached upon, and that a civil suit had been instituted by the petitioner. The court observed that the competent authorities under the HR&CE Act must initiate appropriate enforcement action to protect temple properties. If encroachments are identified, eviction proceedings under Section 78 of the HR&CE Act are to be initiated. The petitioner and respondents are at liberty to defend their case. Consequently, the court directed respondents 2, 3, and 4 to initiate appropriate action to evict encroachers from temple properties by following procedures under the HR&CE Act within twelve weeks from the date of receipt of a copy of the order. The writ petition was disposed of with no order as to costs.
Headnote
A) Temple Property - Encroachment - Eviction - Section 78 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 - The writ petition sought a direction to remove encroachment on temple property. The court held that the HR&CE authorities must initiate enforcement action to protect temple properties and, if encroachments are identified, eviction proceedings under Section 78 of the HR&CE Act must be initiated. The respondents 2, 3, and 4 were directed to evict encroachers within twelve weeks following procedures under the Act. (Paras 2-4)
Issue of Consideration
Whether the respondents 1 to 4 should be directed to consider the petitioner's claim to remove encroachment on temple property at Kanjanaikkan Patty Village, Survey No.169/1, Panchayat Road, Kadayampatty Taluk, Salem District.
Final Decision
The writ petition was disposed of with directions to respondents 2, 3, and 4 to initiate appropriate action to evict encroachers from temple properties by following procedures under the HR&CE Act within twelve weeks from the date of receipt of a copy of the order. No order as to costs.
Law Points
- Encroachment on temple property
- Eviction under Section 78 of HR&CE Act
- Duty of HR&CE authorities to protect temple properties
- Mandamus for removal of encroachment
Case Details
2026 LawText (MAD) (04) 89
S.M.SUBRAMANIAM, K.SURENDER
Mr.P.Rajendiran, Mr.T.Arunkumar, Dr.S.Suriya, Mr.S.Ravichandran, Mr.T.Ganesan
The District Collector, The Tahsildar, The Commissioner, The Joint Commissioner of Hindu Religious and Charitable Endowments Department, N.Rajasekar, J.Manikandan
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ Petition under Article 226 of the Constitution of India seeking a Writ of Mandamus to direct respondents to remove encroachment on temple property.
Remedy Sought
Petitioner sought a direction to respondents 1 to 4 to consider her claim to remove encroachment at Kanjanaikkan Patty Village, Survey No.169/1, Panchayat Road, Kadayampatty Taluk, Salem District.
Filing Reason
Alleged encroachment on temple property at the specified location.
Previous Decisions
A civil suit had been instituted by the petitioner.
Issues
Whether the respondents should be directed to consider the petitioner's claim to remove encroachment on temple property.
Submissions/Arguments
The learned Additional Government Pleader for HR&CE Department submitted that authorities conducted an inspection and found temple properties encroached upon, and that a civil suit had been instituted by the petitioner.
Ratio Decidendi
The competent authorities under the HR&CE Act must initiate enforcement action to protect temple properties. If encroachments are identified, eviction proceedings under Section 78 of the HR&CE Act are to be initiated.
Judgment Excerpts
The learned Additional Government Pleader, appearing on behalf of the Hindu Religious and Charitable Endowments Department, would submit that the authorities conducted an inspection and found that the temple properties are encroached upon.
Under these circumstances, the competent authorities under the HR&CE Act have to initiate appropriate enforcement action to ensure that the temple properties are protected.
If any encroachments are identified, eviction proceedings under Section 78 of HR&CE Act are to be initiated.
the respondents 2, 3 and 4 are directed to initiate appropriate action to evict the encroachers from the temple properties by following procedures contemplated under the HR&CE Act, within a period of twelve weeks from the date of receipt of a copy of this order.
Procedural History
The writ petition was filed under Article 226 of the Constitution of India. The court heard the learned Additional Government Pleader for the HR&CE Department and disposed of the petition with directions.
Acts & Sections
- Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959: 78
