Dismissed¶¶54

Marimuthu v. the District Collector

Madras HC1 Sept 2025WP/32877/2025

Case brief

AI extract

What is this about?

Savadi land; Government Poromboke; S.No.187/3; Aragalur Village; Thalaivasal Taluk; Salem District; hereditary Dharmakartha; Sri Ambiyramman Temple; Arulmighu Kamanadeeswarar and Karivaradharaja Perumal Temple; Executive Officer; custody of keys; Inspector of Police Thalaivasal; Revenue Divisional Officer Attur; Na.Ka.2034/2025 A2; Writ of Certiorarified Mandamus; Article 226; encroachment complaint; O.S.No.155 of 2025 District Munsif Court Attur; W.P.No.12252 of 2025; WMP Nos.36837 & 36840 of 2025.

What did the court decide?

None; the writ petition is dismissed with no costs and the connected miscellaneous petitions are closed. ¶¶54

Marimuthu Vs the District Collector — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

None; the writ petition is dismissed with no costs and the connected miscellaneous petitions are closed.

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Issue for consideration

Whether the order dated 19.07.2025 in proceedings Na.Ka.2034/2025 A2 passed by the 3rd respondent (Revenue Divisional Officer, Attur), directing handing over of the keys of the Savadi building in S.No.187/3 to the Executive Officer of the temple, is liable to be quashed and the respondents restrained from interfering with the petitioner's management and possession of the Savadi land and building. +1 more

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Court's answer

This Court is not inclined to interfere with the impugned order; the writ petition is liable to be dismissed.

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Ratio / Principle

The petitioner has not established ownership of the Savadi or the hereditaryship of the temple; since the subject land is classified as Government Poromboke and an individual cannot claim any right over Government land, the 3rd respondent's direction to the law enforcing agency to hand over the keys of the Savadi building to the Executive Officer of the temple cannot be said to be illegal, perverse or arbitrary.

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Detailed headnote1 paragraphs

Madras High Court (M. Dhandapani, J.) dismissed a writ petition under Article 226 seeking certiorarified mandamus to quash the order dated 19.07.2025 of the Revenue Divisional Officer, Attur (proceedings Na.Ka.2034/2025 A2), which directed handing over of custody of the keys of a Savadi building in S.No.187/3 at Aragalur Village, Thalaivasal Taluk, Salem District — classified as Government Poromboke — to the Executive Officer, Arulmighu Kamanadeeswarar and Karivaradharaja Perumal Temple, Aragalur. Held: although the petitioner claimed to be the hereditary Dharmakartha of Sri Ambiyramman Temple, he had not established ownership of the Savadi or the hereditaryship of the temple; an individual cannot claim any right over Government Poromboke land; accordingly the impugned order was neither illegal, perverse nor arbitrary and no interference was called for. Writ petition dismissed with no costs; connected miscellaneous petitions closed. Notice to the 6th respondent was dispensed with as no adverse order was passed against him.

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W.P.No.32877 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 01-09-2025

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CORAM

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THE HON'BLE MR JUSTICE M.DHANDAPANI

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WP No. 32877 of 2025 and

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WMP Nos.36837 & 36840 of 2025

Marimuthu

... Petitioner

1.The District Collector, Salem District, Salem.

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2.The District Revenue Officer, Salem District,

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Salem.

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3.The Revenue Divisional Officer, Attur,

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Salem District.

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4.The Tahsildar, Thalaivasal Taluk,

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Salem District.

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5.The Village Administrative Officer, Aragalur Panchayat, Thalaivasal Taluk, Salem District.

6.A.K.Venkatesan

... Respondents

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W.P.No.32877 of 2025

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Prayer : Writ Petition filed under Article 226 of Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records of the order passed by the 3^rd respondent in his proceedings Na.Ka.2034/2025 A2 dated 19.07.2025, quash the same and consequently direct the respondents not to interfere with the management and possession of the Savadi Land and Building comprised in S.No.187/3 measuring 0.0070.5 sq.ft. situated at Aragalur Village, Thalaivasal Taluk, Salem District.

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For Petitioner : Mr.R.Jayaprakash

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For Respondents : Mr.G.Velu Additional Government Pleader [R1 to R5] Notice dispensed with [R6] *****

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ORDER

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This Writ Petition has been filed seeking for a Writ of Certiorarified Mandamus, to call for the records of the order passed by the 3^rd respondent in his proceedings Na.Ka.2034/2025 A2 dated 19.07.2025, quash the same and consequently direct the respondents not to interfere with the management and possession of the Savadi Land and Building comprised in S.No.187/3 measuring 0.0070.5 sq.ft. situated at Aragalur Village, Thalaivasal Taluk, Salem District.

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W.P.No.32877 of 2025

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Since no adverse order has been passed against the 6^th respondent, notice to the 6^th respondent is dispensed with.

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Mr.G.Velu, learned Additional Government Pleader, accepts

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notice on behalf of the respondents 1 to 5. In view of the consent expressed by the parties, this writ petition is taken up for final disposal at the stage of admission itself.

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The case of the petitioner is that he is the hereditary Dharmakartha of Sri Ambiyramman Temple located in Aragalur Village, Thalaivasal Taluk, where his family has rendered religious services for over a century. His ancestors built and maintained the said temple and he continues to conduct poojas and festivals as part of his religious duty and family tradition. As part of temple-related activities, the petitioner's forefathers constructed a Savadi on a land parcel measuring 0.0070.5 sq.mtr. in S.No.187/3, used to store pooja items and support temple functions. However, the 6^th respondent, claims to be a resident of the village, made a complaint before the 3^rd respondent as if the petitioner

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has encroached the Savadi, pursuant to which, the 3^rd respondent has Page No.3 of 8

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W.P.No.32877 of 2025

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passed the impugned order dated 19.07.2025, directing the petitioner to hand over the keys of the building in the Savadi Land in S.No.187/3 to the custody of the Executive Officer, Kamanadeeswarar and Karivaradharaja Perumal Temple, Aragalur. Challenging the same, the present writ petition is filed.

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The learned counsel for the petitioner submits that the land in S.No.187/3 is enjoyed by the petitioner's family for time memorial. However, the same was disturbed by the 3^rd respondent by way of the impugned order dated 19.07.2025. Further, he submits that the 3^rd respondent failed to consider the pendency of Civil Suit in O.S.No.155 of 2025 before the District Munsif Court, Attur, which directly pertains to the dispute in question. Accordingly, he prays for allowing this writ petition.

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The learned Additional Government Pleader appearing for the respondents 1 to 4 submits that the subject property in S.No.187/3 is classified as Government Poromboke, in which Savadi is situated and the said Savadi is meant for general public, not for individual. Therefore, the 3^rd respondent has passed the impugned order directing the Inspector of Page No.4 of 8

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W.P.No.32877 of 2025

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Police, Thalaivasal to hand over the custody of the keys of the building in the Savadi Land to the Executive Officer, Arulmighu Kamanadeeswarar and Karivaradharaja Perumal Temple, Aragalur from the individual, which is perfectly in order and the same does not require any interference at the hands of this Court. Accordingly, he prays for dismissal of this writ petition.

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Heard the learned counsel for the parties and also perused the materials available on record.

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It is claimed by the 6^th respondent that the subject property is Government interested land and is classified as Savadi. Even though public construction has been put up, the petitioner and his persons are keeping it in the lock and key. Therefore, he filed a writ petition before this Court in W.P.No.12252 of 2025 and this Court, vide order 04.04.2025, disposed of the said writ petition, directing the 6^th respondent herein to make a representation to the 3^rd respondent herein, pursuant to which, the 6^th respondent made a representation before the 3^rd respondent. Subsequently, the 3^rd respondent has passed the impugned order dated 19.07.2025, directing the Inspector of Police, Thalaivasal to Page No.5 of 8

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W.P.No.32877 of 2025

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hand over the custody of the keys of the building in the Savadi Land to the Executive Officer, Arulmighu Kamanadeeswarar and Karivaradharaja Perumal Temple, Aragalur from the individual. Aggrieved by the same, the present writ petition is filed.

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A perusal of the impugned order reveals that the subject property in S.No.187/3 is classified as Government Poromboke, in which the Savadi is situated. Further, though the petitioner claims that he is the hereditary Dharmakartha of the temple, he has not established with regard to the ownership of the Savadi or the hereditaryship of the Temple. In the absence of any proof with regard to the hereditaryship or ownership, the 3^rd respondent has passed the impugned order, directing the law enforcing agency to hand over the keys of the building in the Savadi land to the Executive Officer of the said temple from the individual, in view of the fact that the subject land is classified as Government Poromboke and an individual cannot claim any right over the Government land, which cannot be said to be illegal, perverse or arbitrary. Hence, this Court is not inclined to interfere with the same and this writ petition is liable to be dismissed.

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W.P.No.32877 of 2025

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