K.v.Chalapathy Vs The commissioner — Writ and Judicial Review | Madras HC (2026)

K.v.Chalapathy Vs The commissioner — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

Mandamus-type directions issued: respondents 1 to 3 to ensure surplus funds from other temples are utilized for construction of permanent structure (vagana mandapam and temple office) for the benefit of the temple and to protect the temple properties, expeditiously; HR & CE Department to keep the property free from encroachment hereinafter. Writ Petition disposed of with these directions; no costs; connected miscellaneous petition (W.M.P.No.15347 of 2021) closed.

Issue for consideration

Whether a writ of mandamus should issue directing the respondents to take action against the illegal encroachment and construction by third parties in the vacant land in S.No.181/2, Pallipattu, Tiruvallur District, pursuant to the proceedings in Na.Ka.No.255/2021/E1, dated 25.03.2021 of the 2nd respondent. +1 more

Court's answer

It is made clear that the HR & CE Department shall ensure that the property is protected free from encroachment hereinafter.

Ratio / Principle

Respondents 1 to 3 are directed to ensure that surplus funds from other temples are utilized for construction of permanent structure in this temple — more specifically the vagana mandapam and temple office — for the benefit of the temple and to protect the temple properties, and the said exercise is to be completed as expeditiously as possible.

Key takeaways

It is the duty mandated on the Department to protect temple properties in the manner contemplated under the HR & CE Act and Rules; under the HR & CE Act surplus funds from one temple can be used for renovation purposes of another temple where there is no sufficient income, and therefore there is no impediment for the Department to reconstruct the vagana mandapam and temple office by putting up permanent structure for the benefit of the temple.ratio¶50

Detailed headnote1 paragraphs

MADRAS HIGH COURT — W.P.No.14461 of 2021 (with W.M.P.No.15347 of 2021), disposed of on 19.02.2026; Coram: S.M. Subramaniam and C. Kumarappan, JJ.; order made by S.M. Subramaniam, J. Temple land encroachment — writ of mandamus under Article 226 of the Constitution of India — Arulmighu Varadhanarayana Swami Temple, Pallipattu Town and Taluk, Tiruvallur District — vagana mandapam dilapidated, portion of roof fell fifteen years back, premises misused by local people as car park — petitioner sought action against illegal encroachment and construction by third parties in vacant land in S.No.181/2 pursuant to proceedings Na.Ka.No.255/2021/E1 dated 25.03.2021 of the Joint Commissioner, HR&CE (2nd respondent), following his representation dated 04.01.2021 — R5, R6 suo motu impleaded (15.07.2021); R7 District Collector suo motu impleaded (04.02.2026) and directed to conduct field inspection; status report filed 18.02.2026 — per report, Survey No.181 (2.05.50 Hectares), registered as 'Governmentd Poramboke Panchayat Road' in UDR 'A' Register, reclassified as 'Grama Natham' per G.O.(Ms.)No.349, Revenue (L.D1(1)) Department, dated 30.05.2006 — temple Authorities resumed possession; proposal submitted to reconstruct vagana mandapam and temple office; temporary shed erected — Held: (i) it is the duty mandated on the Department to protect temple properties in the manner contemplated under the HR & CE Act and Rules; (ii) under the HR & CE Act surplus funds from one temple can be used for renovation of another temple lacking sufficient income, hence no impediment to reconstruct the vagana mandapam and temple office with permanent structure; (iii) respondents 1 to 3 directed to ensure surplus funds from other temples are utilized for the permanent construction for the temple's benefit and to protect the temple properties, expeditiously; (iv) HR & CE Department to ensure the property remains free from encroachment hereinafter — Writ disposed of; no costs; connected miscellaneous petition closed.

2026:MHC:803

W.P.No.14461 of 2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.02.2026

C O R A M

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN

W.P.No.14461 of 2021 and W.M.P.No.15347 of 2021

K.V.Chalapathy

... Petitioner

-vs-

1.The Commissioner, HR&CE Admn. Department, Chennai – 600 034.

2.The Joint Commissioner, HR&CE Department, Vellore.

3.The Assistant Commissioner, HR&CE Department, Thiruvallur.

4.D.Bharathkumar

5.The Executive Officer, Pallipat Town and Panchayat, Tiruvallur District.

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W.P.No.14461 of 2021

6.The Tahsildar, Pallipat Town and Pancyayat, Tiruvallur District.

[R5 & R6 suo motu impleaded vide order dated 15.07.2021.]

7.The District Collector, Tiruvallur.

[R7 suo motu impleaded vide order dated 04.02.2026.]

... Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to praying to issue a Writ of Mandamus, directing the respondents to take action against the illegal encroachment and construction by third parties in vacant land in S.No.181/2, Pallipattu, Tiruvallur District, Pursuant to the proceedings in Na.Ka.No.255/2021/E1, dated 25.03.2021 of the 2^nd respondent sent to the 3^rd respondent subsequent to the representation dated 04.01.2021, sent by the petitioner to the 2^nd respondent.

For Petitioner : Ms.G.Sumithra

For Respondents : Mr.S.Ravichandra, Addl. Govt. Pleader (HR&CE) for R1 to R3

Mr.S.C.Vishwanath for R4

Mr.P.Bala Thandayudham for R5

Mr.T.Arun Kumar, Addl. Govt. Pleader for R6

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W.P.No.14461 of 2021

O R D E R

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

The Writ on hand has been instituted seeking a direction to the

respondents to take action against the illegal encroachment and construction by third parties in vacant land in S.No.181/2, Pallipattu, Tiruvallur District, Pursuant to the proceedings in Na.Ka.No.255/2021/E1, dated 25.03.2021 of the 2^nd respondent sent to the 3^rd respondent subsequent to the representation dated 04.01.2021, sent by the petitioner to the 2^nd respondent.

2. The subject property described in the writ proceedings belongs to temple viz., Arulmighu Varadhanarayana Swami Temple, Pallipattu Town and Taluk, Tiruvallur District. The vagana mandapam in the temple was in a dilapidated condition and a portion of the roof fell down fifteen years back. Thus, the said vagana mandapam was misused by some local people and some residents used the same as car park. Objections were raised by the devotees to protect the temple property. Since no action has been taken against the encroachment made by some third parties, present Writ Petition came to be instituted.

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W.P.No.14461 of 2021

3. This Court directed the District Collector to conduct a field

inspection and submit a report. Accordingly, the District Collector filed a status report on 18^th February 2026. The report would state that as per G.O.(Ms.)No.349, Revenue (L.D1(1)) Department, dated 30.05.2006, the subject land in Survey No.181 with an extent of 2.05.50 Hectares, which was registered as ‘Governmentd Poramboke Panchayat Road’ in the UDR ‘A’ Register, was reclassified as ‘Grama Natham’ and subsequent changes were carried out in revenue records.

4. Admittedly, the vagana mandapam was existing for several years

and the said vagana mandapam was in a dilapidated condition and a portion of the roof fell down and thereafter the temple property has been misused by third parties. Now the temple Authorities have resumed possession of vagana mandapam and the Inspector of HR & CE Department, Tiruvallur has given instruction to the learned Government Pleader HR & CE that a proposal is submitted to re-construct the vagana mandapam and a temple office, so as to utilize the temple property for the benefit of the temple. A temporary shed has already been constructed to use the shed as vagana mandapam.

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W.P.No.14461 of 2021

5. It is the duty mandated on the Department to protect the temple

properties in the manner contemplated under the HR & CE Act and Rules. Under the HR & CE Act surplus funds from one temple can be used for renovation purpose of other temple, where there is no sufficient income. Therefore, there may not be any impediment for the Department to reconstruct vagana mandapam as well as temple office for the benefit of temple by putting up permanent structure. All necessary arrangements are to be made to ensure that permanent structure is constructed and utilized for the benefit of temple.

6. In this regard, the respondents 1 to 3 are directed to ensure that

the surplus funds from other temples are utilized for construction of permanent structure in this temple, more specifically vagana mandapam and temple office for the benefit of temple and to protect the temple properties. The said exercise is directed to be completed as expeditiously as possible. It is made clear that the HR & CE Department shall ensure that the property is protected free from encroachment hereinafter.

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W.P.No.14461 of 2021

7. With these directions, this Writ Petition stands disposed of . No

costs. Consequently, the connected miscellaneous petition stands closed.

(S.M.S,J.,) (C.K,J.,) 19.02.2026

Index: Yes / No Internet: Yes / No dsa

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W.P.No.14461 of 2021

To:

1.The Commissioner, HR & CE Admn. Department, Chennai – 600 034.

2.The Joint Commissioner, HR & CE Department, Vellore.

3.The Assistant Commissioner, HR & CE Department, Thiruvallur.

4.The Executive Officer, Pallipat Town and Panchayat, Tiruvallur District.

5.The Tahsildar, Pallipat Town and Pancyayat, Tiruvallur District.

6.The District Collector, Tiruvallur.

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W.P.No.14461 of 2021

S.M.SUBRAMANIAM, J. AND C.KUMARAPPAN, J.

dsa

W.P.No.14461 of 2021

19.02.2026

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