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CDJ 2026 MHC 2656
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| Court : Before the Madurai Bench of Madras High Court |
| Case No : W.P(MD)No. 10230 of 2026 |
| Judges: THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR & THE HONOURABLE MR. JUSTICE M. JOTHIRAMAN |
| Parties : P. Paramasivam Versus The District Collector, Thoothukudi & Others |
| Appearing Advocates : For the Petitioner: S. Saravanan, Advocate. For the Respondents: R1 to R4 & R6, J. Ashok, Additional Government Pleader. |
| Date of Judgment : 10-04-2026 |
| Head Note :- |
Constitution of India - Article 226 -
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| Summary :- |
1. Statutes / Acts / Rules / Orders Mentioned:
- Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959
- G.O.(Ms) No. 540, Revenue [LD6(2)] Department, dated 04.12.2014
- G.O.(Ms) No.64, Revenue and Disaster Management Department, dated 08.02.2022
2. Catch Words:
Encroachment, Writ of Mandamus
3. Summary:
The petitioner sought a writ of mandamus under Article 226 directing respondents to remove alleged encroachments on the four chariot streets of the Arulmumi Shenbagavalli Amman Temple ahead of its annual festival. The temple is administered under the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959. The petitioner cited government orders mandating removal of encroachments, but the respondents argued that the structures were temporary stalls permitted during the festival and not permanent encroachments. The Executive Officer’s report confirmed that the arrangements were temporary and resulted from public auctions. The Court found no merit in the petition and dismissed it.
4. Conclusion:
Petition Dismissed |
| Judgment :- |
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(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, seeking direction that the respondents No.1 to 6 herein to remove the encroachment made in Four Chariot Road of the Arulmigu Shenbagavalli Amman Temple which is situated at in and around at Block-24, Ward-C, Survey No.131 and 132 etc., Kovilpatti Town and Taluk, Thoothukudi District by considering the petitioner's representation dated 11.02.2026 within a stipulated time as prescribed by this Court.)
N. Sathish Kumar, J.
1. The petitioner has filed the present Writ Petition seeking a direction to respondents 1 to 6 to remove the alleged encroachments in the four chariot streets of Arulmigu Shenbagavalli Amman Temple, situated in and around Block-24, Ward-C, Survey Nos.131 and 132, Kovilpatti Town and Taluk, Thoothukudi District, by considering the petitioner’s representation dated 11.02.2026.
2. The petitioner states that Arulmigu Shenbagavalli Amman Temple, a 300-year-old temple situated at Kovilpatti Town, Block-24, Ward- C, Survey Nos.131 and 132, is presently under the supervisory control of the fourth respondent in accordance with the provisions of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, and is being administered by the second respondent. The presiding deities of the temple are Shenbagavalli Amman and Poovananatha Swamy.
3. It is submitted that an annual temple festival is conducted in a grand manner during the Tamil month of Panguni, spanning ten days and involving participation from ten different communities, apart from the general public. On the ninth day, the temple chariot is taken in procession through the four chariot streets surrounding the temple.
4. The grievance of the petitioner is that the said four chariot streets have been heavily encroached upon by way of temporary and permanent structures, thereby causing severe obstruction to the movement of the temple chariot and inconvenience to devotees during the festival. The petitioner submitted a representation dated 11.02.2026 to the respondents regarding such encroachments. Though the same was received and subsequent communications were exchanged among the respondents, no effective action has been taken to remove the alleged encroachments.
5. The petitioner further submits that, despite clear directions issued by this Court in various judgments to remove encroachments from public and temple lands, and in spite of Government Orders in G.O.(Ms) No. 540, Revenue [LD6(2)] Department, dated 04.12.2014, and G.O.(Ms) No.64, Revenue and Disaster Management Department, dated 08.02.2022, the respondents have failed to act in accordance with their statutory duties. As per the said Government Orders, the second respondent, being part of the Divisional Monitoring Committee, is required to identify and remove encroachments within a stipulated time frame; however, no such steps have been taken.
6. In view of the inaction of the respondents and the impending temple chariot festival scheduled on 13.04.2026, the petitioner, having lost hope in the authorities, has approached this Court by way of the present Writ Petition seeking appropriate directions.
7. A report has been filed by the Executive Officer of the Temple.
8. We have heard the learned counsel appearing on either side and perused the materials available on record.
9. The Public Interest Litigation has been filed seeking removal of alleged encroachments in the temple property. The report filed by the Executive Officer clearly indicates that heavy gatherings occur only during the festival period, and during such time, with due permission from the temple authorities, certain shops are temporarily set up. It is further stated that there is no permanent encroachment in the temple properties and that the arrangements are purely temporary. It is also noted that public auction has been conducted with regard to the operation of facilities such as giant wheels.
10. When such public auctions have been conducted and shops have been permitted during the temple festival, the same cannot be construed as encroachments. Therefore, we do not find any merit in the Writ Petition.
11. Accordingly, this Writ Petition is dismissed. There shall be no order as to costs.
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