Krishnamoorthy v. The Revenue Divisional Officer (Rdo)

ORDER (Order of the Court was made by Dr.G.Jayachandran J.) The writ petitioner, claiming to be the owner of land adjacent to Survey No.75/2, Naval Village, Tiruvannamalai District, has approached this Court alleging that the 7th respondent, representing the Jambukeswarar Temple, is renovating the temple tank and proposes to construct a compound wall, thereby obstructing a common pathway used by the villagers. Page3 of 6

¶2According to the petitioner, the Jambukeshwar temple is situated near water tank (kulam). Under the guise of renovating the tank, the office-bearers of the temple are allegedly extending the temple structure illegally and arbitrarily, encroaching upon the Kulam Poramboke land and constructing a compound wall, thereby completely blocking the pathway.

¶3The learned counsel appearing for the Hindu Religious and Charitable Endowments (HR & CE) Department submitted that Survey No.75/2 comprises the Kulam, whereas Survey No.76 belongs to the temple. The HR & CE Department has undertaken renovation works in respect of both the tank and temple. In order to protect the temple property, a compound wall is proposed to be constructed. The petitioner and other villagers have access to their lands through alternative routes and have no right to trespass upon the temple property.

¶4The learned counsel appearing for the petitioner submitted that the bund of the tank has been used as a pathway by the villagers for a long period and the construction of a compound wall on the temple land would completely obstruct access from the tank bund to the petitioner's land. The aerial map of the location and the photographs of the tank enclosed in the typed set of papers clearly show that the tank and the adjoining lands are open to sky. He further Page4 of 6 submitted that the temple land comprised in Survey No.76 and the public tank comprised in Survey No.75/2 are distinct and separate properties.

¶5The report of the HR & CE Department clearly indicates that the villagers, who were previously using the temple land as a pathway, are now using an alternate public pathway to access their lands, except for the writ petitioner, who continues to claim a right of passage through the temple property.

¶6On considering the averments made in the affidavit, the photographs enclosed in the typed set of papers and the report of the Inspector, HR & CE Department, Cheyyar, this Court finds that the allegations of the writ petitioner that the temple authorities have encroached upon the Kulam Poramboke land comprised in Survey No.75/2 at Naval village is factually incorrect. The ingress and egress of the petitioner's land in Survey Nos.82/2 and 82/4 are not through the Survey No.76, though he had been using the said land as a pathway in the past. The temple land remained unprotected since, no steps had earlier been taken to prevent such use. However, now that steps are being taken to protect the temple property, the petitioner has become aggrieved and has filed the present writ petition in an attempt to continue such unauthorized use. Page5 of 6

¶7Accordingly, this Writ Petition is dismissed. It is made clear that the right of the temple to protect and safeguard its land comprised in Survey No.76 cannot be faulted. No costs. (Dr.G.J.,J.) (N.M.,J.) 09-06-2026 Index: Yes/No Speaking/Non-speaking order rpl To

¶1The Revenue Divisional Officer (RDO) Cheyyar Division,

¶2The Tahsildar Cheyyar Taluk,

¶3The Commissioner Hindu Religious and Charitable Endowments Department (HR and CE) Nungambakkam, Chennai-600 034

¶4The Assistant Commissioner Hindu Religious and Charitable Endowments Department,

¶5The Block Development Officer (BDO) Cheyyar Block,

¶6The Inspector of Police Cheyyar Taluk police Station, WPoNo.o21453oofo2026 DR.G.JAYACHANDRANoJ. and N.MALAoJ. rpl WritoPetitionoNo.o21453oofo2026 09-06-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09-06-2026 CORAM THE HON'BLE DR JUSTICE G. JAYACHANDRAN AND THE HON'BLE MRS.JUSTICE N. MALA Writ Petition No. 21453 of 2026 Krishnamoorthy ..Petitioner Vs 1. The Revenue Divisional Officer (RDO) Cheyyar Division, 2. The Tahsildar Cheyyar Taluk, 3. The Commissioner Hindu Religious and Charitable Endowments Department (HR and CE) Nungambakkam, Chennai-600 034. 4. The Assistant Commissioner Hindu Religious and Charitable Endowments Department, 5. The Block Development Officer (BDO) Cheyyar Block, 6. The Inspector of Police Cheyyar Taluk police Station, Page2 of 6 7. Karthikeyan Representative / Person-in-charge, Jambukeswarar Temple, Arasangkuppam, Vengalathur, ..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents 1 and 2 to remove the unauthorized construction and encroachment made by the respondents 7 to 11 in the Kulam Poramboke land comprised in Survey No.75/2, Naval Village, Cheyyar Taluk, Tiruvannamalai District, remove the illegal temple extension and compound wall, restore the Kulam Karai pathway for free ingress and egress to the petitioner's land in Survey Nos.82/2 and 82/4 and consequently direct the respondents to initiate action under the Tamil Nadu Land Encroachment Act, 1905, based on the representation dated on 13.04.2026. For Petitioner: Mr.G.Palani Kumar For Respondents: Mr.B.Sivakollapan Government Advocate For R1, R2 & R5 Mr.Veerabathran Prasanth.M Standing Counsel (HR & CE) For R3 and R4