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A.Anbarasan v. The District Collector

Madras HC8 Apr 2026WP/13068/2026

Case brief

AI extract

What is this about?

Madras High Court Article 226 writ (W.P.No.13068 of 2026, decided 08.04.2026) on HR&CE temple land encroachment: mandamus sought to enforce the Inspector (HR&CE, Kunnam Taluk) recommendation dated 10.11.2025 for removal of encroachments on Arulmigu Maruvathur Ellaiamman Temple lands in S.F.Nos.58/8 and 58/14, Perali South (Maruvathur) Village, Perambalur District; survey found five encroachers who had built houses; petition disposed with direction to complete removal expeditiously, preferably within two months; no costs.

What did the court decide?

Direction to the competent authorities to complete the process for removal of encroachments in S.F.Nos.58/8 and 58/14, Perali South (Maruvathur) Village, Kunnam Taluk, Perambalur District, expeditiously, preferably within two months from the date of receipt of a copy of the order; no order as to costs.

A.Anbarasan Vs The District Collector — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a writ of mandamus should issue directing respondent No.5 (Assistant Commissioner, HR&CE Department, Perambalur District) to implement the communication dated 10.11.2025 passed by respondent No.6 and to remove the encroachments made in S.F.No.58/14, 58/8 at Perali South (Maruvathur) Village, Kunnam Taluk, Perambalur District.

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Court's answer

In view of the statements made by learned State counsel and learned counsel for the HR & CE Department, the Court disposed of the writ petition with a direction to the competent authorities.

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Ratio / Principle

The competent authorities were directed to complete the process for removal of encroachments made in the subject-lands as expeditiously as possible, preferably within a period of two months from the date of receipt of a copy of the order.

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Detailed headnote1 paragraphs

Writ petition under Article 226 of the Constitution of India (W.P.No.13068 of 2026, High Court of Judicature at Madras, order dated 08.04.2026) filed by A.Anbarasan seeking a writ of mandamus to direct respondent No.5 (Assistant Commissioner, HR&CE Department, Perambalur District) to implement the communication dated 10.11.2025 of respondent No.6 (Inspector, HR&CE, Kunnam Taluk) and remove encroachments on lands of Arulmigu Maruvathur Ellaiamman Temple in S.F.Nos.58/8 and 58/14 at Perali South (Maruvathur) Village, Kunnam Taluk, Perambalur District. Counsel for the State undertook action in accordance with law; counsel for HR&CE stated that survey had been completed, five persons were found to have encroached and constructed houses, and removal would follow due process. Relying on these statements, a Bench headed by the Chief Justice (order made by the Hon'ble Chief Justice) disposed of the petition, directing the competent authorities to complete the encroachment-removal process as expeditiously as possible, preferably within two months from receipt of a copy of the order; no order as to costs.

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W.P.No.13068 of 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 08.04.2026

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CORAM :

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THE HONOURABLE MR. SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE AND

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THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN

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W.P.No.13068 of 2026

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A.Anbarasan S/o.Asaithambi, No.432, East Street, Maruvathur, Perali South Post, Perambalur District-621 708

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Petitioner

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1.The District Collector O/o.The District Collector, Perambalur District.

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2.The Director

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Commissionerate of Land Reforms, Ezhilagam, Chepauk, Chennai-600 005

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3.The Commissioner

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Hindu Religious and Charitable Endowments Department, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai-600 034

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W.P.No.13068 of 2026

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4.The Revenue Divisional Officer O/o.The Revenue Divisional Officer, Perambalur District.

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5.The Assistant Commissioner Hindu Religious and Charitable Endowments Department, Perambalur District.

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6.The Inspector Hindu Religious and Charitable Endowments Department, Kunnam Taluk, Perambalur District.

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7.The Tahsildhar

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Kunnam Taluk Office, Perambalur District.

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Respondents

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PRAYER: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondent No.5 to implement the communication dated 10.11.2025 passed by the respondent No.6 to remove the encroachments made in S.F.No.58/14, 58/8 at Perali South (Maruvathur) Village, Kunnam Taluk, Perambalur District.

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For Petitioner: Ms.S.Gayathri

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For Respondents: Mr.K.Karthik Jagannath Government Advocate for R1, R2, R4 and R7

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Mr.S.Ravichandran Spl. GP (HR& CE) for R3, R5 and R6

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

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W.P.No.13068 of 2026

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ORDER

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(Order of the Court was made by the Hon'ble Chief Justice)

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Heard.

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This writ petition under Article 226 of the Constitution of India has been filed by the petitioner seeking direction to respondent No.5 to implement the communication dated 10.11.2025 passed by respondent No.6 to remove the encroachments made in S.F.Nos.58/14 and 58/8 at Perali South (Maruvathur) Village, Kunnam Taluk, Perambalur District.

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Learned counsel for the petitioner submitted that the lands in S.F.Nos.58/8 and 58/14 belonging to Arulmigu Maruvathur Ellaiamman Temple have been encroached by private persons and despite recommendation dated 10.11.2025 made by respondent No.6 to remove the encroachments, no effective action has been taken by the concerned authorities till date.

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Learned State counsel appearing for respondent Nos.1, 2, 4 and 7 submitted that action shall be taken forthwith to remove the _______________ Page 3 of 6_

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W.P.No.13068 of 2026

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encroachments, if any, made on the aforesaid survey numbers, in accordance with law.

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Learned counsel appearing for respondent Nos.3, 5 and 6 submitted that survey of the said lands has already been conducted and it was found that five persons have encroached upon and constructed houses. He would submit that, after following due process of law, the said encroachments would be removed.

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In view of the aforesaid statements made by learned State counsel as well as learned counsel appearing for the HR & CE Department, we dispose of the writ petition with a direction to the competent authorities to complete the process for removal of encroachments made in the subject-lands as expeditiously as possible, preferably within a period of two months from the date of receipt of a copy of this order. There shall be no order as to costs.

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(SUSHRUT ARVIND DHARMADHIKARI, CJ) (G.ARUL MURUGAN,J)

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08.04.2026 Index : Yes/No Neutral Citation : Yes/No bbr

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W.P.No.13068 of 2026

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To: