Disposed¶38

V.Chinnagurusamy, v. the District Collector

Madras HC17 Jun 2025WP(MD)/2422/2019

Case brief

AI extract

What is this about?

Unauthorized construction removal on temple land (Arulmigu Sangara Narayana Samy Kovil, Old Survey No.368/2A1, Sankarankovil, Tirunelveli); writ of Mandamus under Article 226; directions to District Collector, HR&CE officials, RDO and Tahsildar for field inspection and enforcement per relevant Act and Rules; 12-week compliance timeline; suo motu impleadment of Municipal Commissioner, Town and Country Planning and SP; writ petition disposed without costs; Madurai Bench of Madras High Court, 17.06.2025.

What did the court decide?

Respondents 1 to 5 directed to conduct field inspection, identify unauthorized constructions and initiate enforcement action to remove them per the relevant Act and Rules, completing the exercise within twelve (12) weeks of receipt of the order; no order as to costs. ¶38

V.Chinnagurusamy, Vs the District Collector — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether respondents 1 to 5 should be directed to remove the unauthorized construction at Sankaran Kovil Town Ward-A, Block 21, Old Survey No.368/2A1, belonging to Arulmigu Sangara Narayana Samy Kovil.

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Court's answer

Respondents 1 to 5 are directed to conduct a field inspection, identify unauthorized constructions, if any, and initiate all enforcement actions to remove the unauthorized constructions by following the procedures contemplated under the relevant Act and Rules.

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Ratio / Principle

The inspection and enforcement exercise is to be completed within a period of twelve (12) weeks from the date of receipt of a copy of the order.

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Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), order dated 17.06.2025 by S.M. Subramaniam, J. (bench: S.M. Subramaniam and Dr. A.D. Maria Clete, JJ.), disposing of W.P.(MD).No.2422 of 2019 filed by V.Chinnagurusamy under Article 226 of the Constitution of India seeking a writ of Mandamus to respondents 1 to 5 (District Collector, Commissioner HR&CE Board Chennai, Assistant Commissioner HR&CE Arulmigu Sangaranarayana Swamy Thirukoil, RDO and Tahsildar, Tirunelveli/Sankarankovil) to remove unauthorized construction at Sankaran Kovil Town Ward-A, Block 21, Old Survey No.368/2A1, land belonging to Arulmigu Sangara Narayana Samy Kovil. The Court directed respondents 1 to 5 to conduct a field inspection, identify unauthorized constructions, if any, and initiate all enforcement actions to remove them by following the procedures contemplated under the relevant Act and Rules, completing the exercise within twelve (12) weeks from receipt of a copy of the order. Petition disposed of with no order as to costs. Respondents 7 to 9 (Municipal Commissioner, Deputy Director Town and Country Planning, Superintendent of Police) had been suo motu impleaded by Court order dated 04.02.2019. Government Advocate Mr.V.Om Prakash appeared for R-1 to R-5 and R-7 to R-9; there was no appearance for the petitioner.

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W.P.(MD).No.2422 of 2019

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 17.06.2025

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CORAM

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THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE

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W.P.(MD).No.2422 of 2019

V.Chinnagurusamy

... Petitioner

Vs.

1.The District Collector, Collector Office, Tirunelveli District.

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2.The Commissioner,

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Hindu Religious Endowment Board, Chennai.

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3.The Assistant Commissioner,

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Hindu Religious Endowment Board,

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Arulmigu Sangaranarayana Swamy Thirukoil, Sankarankovil, Tirunelveli District.

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4.The Revenue Divisional Officer, RDO Office, Tirunelveli District.

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5.The Tahsildar, Tahsildar Office, Sankarankovil, Tirunelveli District.

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Page 1 of 5

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https://www.mhc.tn.gov.in/judis

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W.P.(MD).No.2422 of 2019

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6.Yathava Sangam, Aadithabasu 2^nd Day Mandaga Padi Kattalaithaarar, Sankarankoil, Tirunelveli District.

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7.The Municipal Commissioner, Sankarankovil.

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8.The Deputy Director, Town and Country Planning, Tirunelveli.

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9.The Superintendent of Police, Tirunelveli.

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... Respondents

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(R-7 to R-9 are suo motu impleaded vide Court order dated 04.02.2019 made in W.P.(MD).No.2422 of 2019)

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the respondents No.1 to 5 to remove the unauthorized construction from Sankaran Kovil Town Ward-A, Block 21 in Old Survey No.368/2A1 which is belong to Arulmigu Sangara Narayana Samy Kovil.

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For Petitioner : No appearance

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For R-1 to R-5 & : Mr.V.Om Prakash

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R-7 to R-9 Government Advocate

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Page 2 of 5

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https://www.mhc.tn.gov.in/judis

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W.P.(MD).No.2422 of 2019

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ORDER

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(Order of the Court was made by S.M.SUBRAMANIAM, J.)

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The relief sought for in the present Writ Petition is to direct the respondents 1 to 5 to remove the unauthorized construction.

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With reference to the allegations, the respondents 1 to 5 are directed to conduct a field inspection, identify unauthorized constructions, if any and initiate all enforcement actions to remove the unauthorized constructions by following the procedures as contemplated under the relevant Act and Rules. The said exercise is directed to be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order.

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