The petitioner sought a writ of mandamus to direct authorities to take over temple lands alleged to be encroached upon. The court refused, holding that PIL is not maintainable as the lands are temple property, not public land, and no public authority under HRE jurisdiction was involved.
No writ of mandamus issued; petition dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.07.2021
CORAM :
THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P.No.15002 of 2021
K.Adhimoolam .. Petitioner
Vs.
Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 and 4 to take over the Ranimookanoor Village, Mariyamman Temple and its properties in Survey No. 147/6 to an extent of 2.10 acres of agricultural lands situated at Singerihalli Village, Harur Taluk, Dharmapuri District based on the petitioner's representation dated 7.1.2021.
For Petitioner : Mr.K.Thiruvengadam For Respondents : Mr.P.Muthukumar Counsel for State for RR 1 to 4 * * * * *
ORDER
(Made by Senthilkumar Ramamoorthy, J.)
The petitioner alleges that respondents 5 and 6 have encroached upon lands belonging to the Ranimookanoor Village, Mariyamman Temple at S.No.147/6, Singerihalli Village, Harur Taluk, Dharmpuri District.
Sd/Assistant Registrar(CO)
//True Copy//
Sub Assistant Registrar
sra
To:
| 1. The District Collector Dharmapuri, Dharmapuri District. |
|---|
| 2. The Thasildar Taluk Office. Pappireddipatti. Dharmapuri District. |
| 3. The Block Development Officer Block Development Office, Pappireddipatti, Dharmapuri District. |
| 4. The Assistant Commissioner Hindu Religious and Charitable Endowments, Dharmapuri. |
| +1cc to the Government Pleader, S.R.No.35305. |
| W.P.No.15002 of 2021 |
| AKII(CO) |
| BE(29/07/2021) |
2 issues framed by the court
Whether a PIL is maintainable regarding encroachment on temple land when no public money is involved or the temple is not under HRE jurisdiction.
Whether Exhibitors/local authorities should be directed to take over the said temple lands if the land is not public land.
1 provisions across 1 enactments
K.Adhimoolam
The District Collector
The Assistant Commissioner Hindu Religious and Charitable Endowments
Sanjib Banerjee
Senthilkumar Ramamoorthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
