Sri Pidari Ettiamman Trust v. The District Collector,

Order This Writ Petition has been filed against the order dated 20.03.2022 passed by the 1st respondent, wherein it was proposed to build a hospital on the Temple's land. Page3 of 8

¶2The learned counsel for the petitioner submitted that the petitioner is a regular visitor of the Arulmigu Piddari Ettiamman Temple situated at No. 68/3, Kulakarai Street, North Thirumullaivoyal, which comes under the control of respondents 7 and 8. On 11.02.2022, officials from the Avadi Municipality and the Tahsildar of Avadi inspected and surveyed the temple land. When questioned, the Government authorities informed the petitioner that the said land is registered under the name of "Government Thoppu" in the revenue records, and that the Government proposed to build a hospital there. Consequently, the 1st respondent issued proceedings dated 20.03.2022, stating that there was a proposal to construct a hospital on the Temple's land comprised in S.F. No. 247 at an estimated cost of Rs. 2,04,32,880/-. This proceeding is what has been challenged in the present writ petition.

¶3When the matter was taken up for hearing, the learned Government Counsel appearing for the official respondents submitted that they have since shifted the proposal for building the primary health centre to another piece of land, and that there is currently no proposal to construct anything on the Temple land. He further submitted that the primary health centre has been relocated to the campus of the elementary school in Thirumullaivoyal, Avadi. Photographs showing the ongoing construction at the said Elementary School campus— which is located just adjacent to the school buildings—were produced before this Court. For ready reference, the said photograph is extracted below: Page4 of 8 Page5 of 8

¶4This Court is of the view that constructing a Primary Health Centre within an elementary school campus would definitely affect the health and well-being of the young children. Therefore, the building under construction must strictly be used only for school purposes. In the event that the official respondents intend to construct a health centre, they can easily identify an independent property. Since the respondents require only 1,500 sq. ft., they can readily find suitable government land within the village. If government land is unavailable, they may acquire private property and provide the necessary compensation to the owners.

¶5Under no circumstances shall the official respondents disturb the school or temple premises. Temple properties are public lands utilized by village residents for religious acts, which are inherently public activities. Therefore, the respondent officials must respect this and shall not disturb the possession of these lands, unless they are being used for purposes other than public activities. Page6 of 8

¶6Recording the above submissions and observations, this Writ Petition stands disposed of with the aforementioned directions. No costs. Consequently connected miscellaneous petitions are closed. 17-07-2026 Index: Yes/No Speaking/Non-speaking order SK To

¶1The District Collector, Thiruvallur District, Thiruvallur.

¶2The Secretary To Government, Hindu Religious And Charitable Endowments Department, Secretariat, Fort St. George, Chennai-600 009.

¶3The Joint Commissioner, Hindu Religious And Chartiable Endowments Department, No.119, Uthamar Gandhi Road, Chennai-600 034.

¶4The Tahsildar, Office Of Avadi Taluk, Pattabiram, Chennai-72

¶5The Commissioner, Avadi Municipality, Avadi, Chennai-600 054.

¶6The Assistant Director Of Survey Department, Thiruvallur District.

¶7The Executive Officer, Thakkar / Adminsitrative Officer, Hindu Religious And Charitable Endowments Department, Thiruvalleeswarar Thirukovil, Padi, Chennai-600

050.

¶8The Joint Commissioner, Hindu Religious And Charitable Endowments Department, Vellore District-632 009 Page7 of 8

¶9The Secretary To Government, Revenue Department, Fort St. George, Chennai-600 009.

10.The Revenue Divisional Officer, Revenue Department, Thiruvallur. WPoNo.o19961oofo2024 KRISHNANoRAMASAMYoJ. sk WPoNo.o19961oofo2024 AND WMPoNO.o21858oOFo2024,WMPoNO.o41868oOFo2024 17-07-2026 Page8oofo8

Page1 of 8 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17-07-2026 CORAM THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY AND WMP NO. 21858 OF 2024,WMP NO. 41868 OF 2024 Sri Pidari Ettiamman Trust Rep. By Its Chairman T.H.Rajmohan, No.68/3, Kulakarai Street, Thirumullaivoyal, Chennai-600 062. ..Petitioner(s) Vs 1. The District Collector, Thiruvallur District, Thiruvallur. 2. The Secretary To Government, Hindu Religious And Charitable Endowments Department, Secretariat, Fort St. George, Chennai-600 009. 3. The Joint Commissioner, Hindu Religious And Chartiable Endowments Department, No.119, Uthamar Gandhi Road, Chennai-600 034. 4. The Tahsildar, Office Of Avadi Taluk, Pattabiram, Chennai-72 5. The Commissioner, Avadi Municipality, Avadi, Chennai-600 054. 6. The Assistant Director Of Survey Department, Thiruvallur District. 7. The Executive Officer, Thakkar / Adminsitrative Officer, Hindu Religious And Charitable Endowments Department, Thiruvalleeswarar Thirukovil, Padi, Chennai-600 050. Page2 of 8 8. The Joint Commissioner, Hindu Religious And Charitable Endowments Department, Vellore District-632 009 9. The Secretary To Government, Revenue Department, Fort St. George, Chennai-600 009. 10.The Revenue Divisional Officer, Revenue Department, Thiruvallur. ..Respondent(s) Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of writ of Certiorari to call for the records pertaining to the impugned order vide proceedings Na.Ka. No.5287/ 2022/1 dated 20.03.2022 passed by the 1st respondent and quash the same For Petitioner(s): Mr.S.John Josh For Respondent(s): Mr.B.Pachaiyappan, Government Counsel for R1, R4, R6, R9 and R10 Mr.D.Yashwanth Rajan (HR and CE), Government Counsel for R2, R3, R7 and R8 Mr.R.A.Gopinath, Standing Counsel for R5