A/M.Beemeshwaarar Thirukoil v. The Commissioner

ORDER (Order of the Court was made by Dr.G.Jayachandran J.) This Writ Petition has been filed by the temple trustee, stating that the lands in Survey Nos.241/4 and 240/7 of Thodukadu Village, Tiruvallur District, have been encroached upon by the private respondents, who are arrayed as respondents 4 to 33.

¶2This Court ordered notice to the respondents and also directed the learned Government Advocate (HR & CE) Department to get instructions regarding the alleged encroachments.

¶3The 3rd respondent, the Assistant Commissioner of the Hindu Religious and Charitable Endowments Department, Thiruvallur, has filed a status report stating that the survey numbers mentioned in the writ petition were surveyed in the presence of the officials and the temple management has initiated proceedings under Section 78 of the HR & CE Act for the removal of encroachments.

¶4In the status report, it is specifically stated that 54 encroachers have been identified, out of whom 27 have received notice and acknowledged. For the remaining 27 encroachers, notices were served in person with the help of the HR & CE officials and the local police. The report further states that steps are being taken as per the law, the encroachers found on the land will be evicted and the temple land will be protected by taking effective legal action. Page4 of 6

¶5Mr.G.Thiyagarajan, learned counsel, who appears on behalf of some of the private respondents, submitted that the classification of the land itself is doubtful and the temple's right over the land has not been ascertained.

¶6We are not inclined to probe into the defence taken by the private respondents. Admittedly the lands in Survey Nos. 241/4 and 240/7 of Thodukadu Village, Tiruvallur District, are occupied by encroachers, who have now been identified by the 3rd respondent and notices have been served on them for eviction. If the encroachers have any semblance of right, it is always open to them to participate in the proceedings and put forth their defence.

¶7As far as the present writ petition is concerned, the prayer is to direct the respondents to remove the encroachments in the said survey numbers. From the status report filed by the 3rd respondent, we find that appropriate action has already been initiated for the removal of encroachments.

¶8Recording the status report of the 3rd respondent dated 29.06.2026, this Writ Petition stands disposed of. No costs. (Dr.G.J.,J.) (N.M.,J.) 10-07-2026 Index: Yes/No Speaking/Non-speaking order rpl Page5 of 6 To

1.The Commissioner Hindu Religious and Charitable Endowments Department Nungambakkam, Chennai - 600 034.

2.The Joint Commissioner Hindu Religious and Charitable Endowments Department Vellore-12

3.The Assistant Commissioner Hindu Religious and Charitable Endowments Department Thiruvallur. WPoNo.o5426oofo2026 DR.G.JAYACHANDRANoJ. and N.MALAoJ. rpl WritoPetitionoNo.o5426oofo2026 10-07-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10-07-2026 CORAM THE HON'BLE DR JUSTICE G. JAYACHANDRAN AND THE HON'BLE MRS.JUSTICE N. MALA Writ Petition No. 5426 of 2026 A/m.Beemeshwarar Thirukoil Represented by its Trustee Mr.K.Gopalakrishnan S/o. Kothandaram Thodukadu Village, Kadambathur Union Thiruvallur District-602 025. ..Petitioner Vs 1. The Commissioner Hindu Religious and Charitable Endowments Department Nungambakkam, Chennai - 600 034. 2. The Joint Commissioner Hindu Religious and Charitable Endowments Department Vellore- 12 3. The Assistant Commissioner Hindu Religious and Charitable Endowments Department, Thiruvallur. 4. Mr.Munusamy 5. Chitra 6. Balaraman 7. Chelliammal 8. R.Veerabathran 9. Dhanasekaran 10.Vadivelu Page2 of 6 11.Bharathy 12.Saraswathy 13.Indirani 14.Sangeetha 15.Lakshmi 16.Ponnammal 17.Sampath Naicker 18.Mageshwari 19.Jegan 20.Sampath Mastry 21.Kuppusamy 22.Alamelu 23.Arumugam 24.Ellammal 25.Ponmalai 26.Ekambaram 27.Ellammal 28.Narayanan 29.Balu 30.Malliga 31.Padmavathy 32.Venugopal 33.Balachandar ..Respondent Prayer: Writ Petition has been filed under Article 226 of Constitution of India, to issue Writ of Mandamus, directing the Respondents 1 to 3 herein to remove the encroachments made by the respondents 4 to 33 in the petitioners temple land comprised in Survey Nos.241/4 and 240/7 of Thodukadu Village, Tiruvallur District within a time to be stipulated by this Hon'ble Court and pass. For Petitioner: Mr.L.Chandrakumar For Respondents: Mr.G.Thiyagarajan For R4, R7, R8, R12, R15, R17, R19, R21, R28, R31 & R33 Mr. Veerabathiran Prasanth Government Advocate (HR & CE) For R1 to R3 Page3 of 6