Dismissed¶24

D.Ravisankara Gurukkal v. the District Collector

Madras HC23 Jan 2026WP/25312/2023

Case brief

AI extract

What is this about?

Madras High Court writ petition dismissed on maintainability grounds: private temple encroachment dispute; private temple not within definition of 'State'; no government involvement evident from affidavit; petitioner (hereditary trustee, Sri Kailasanadharswami Temple, Ariyalur South) directed to civil-court remedy; encroachers were private respondents 4 to 6; reference to Tahsildar proceedings O.M/2473/2023/A1 dt.25.04.2023; order authored by C. Kumarappan J.; bench S. M. Subramaniam and C. Kumarappan; WP No. 25312 of 2023; dated 23-01-2026; no costs.

What did the court decide?

Liberty to proceed against the encroachment before the Civil Court, if so advised; no costs awarded. ¶24

D.Ravisankara Gurukkal Vs the District Collector — Madras HC (2026) — LawSathi Research

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WP No. 25312 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23-01-2026

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CORAM

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THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE C.KUMARAPPAN

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WP No. 25312 of 2023

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D.Ravisankara Gurukkal S/o.Duraiappa Gurukkal, Hereditary Trustee, Srikailasanaadhaswami Temple, No.9, Sivan Koil Street, Ariyalur- 621 704.

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..Petitioner(s)

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The District Collector Ariyalur.

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The Tahsildar Ariyalur.

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Revenue Inspector Ariyalur.

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Thiyagarajan S/o.Marudhamuthu, Veerabadhirasamy Koil Street, Ariyalur.

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Valarmathi W/o.Kalaiarasan, Veerabadhirasamy Koil Street, Ariyalur.

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Poiyamozhi S/o.Azhagappan, Poonusamy Aranmanai Street, Ariyalur.

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..Respondent(s)

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Directing the respondents 2 and 3 to remove unauthorised encroachments made by respondents 4 to 6 in S.No. 555/ 453, Sri Kailasanadharswami Temple, Ariyalur (South), Village Ariyalur District, pursuant to the proceedings in O.M /2473/ 2023 /A1 dt.25.04.2023 issued by

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

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WP No. 25312 of 2023

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the 2nd respondent

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For Petitioner(s): Mr.R.Subramanian For Respondent(s): Mr.T.Arun Kumar, Agp For Rr1 To 3. No Appearance For R4. R5 - Not Ready In Notice. Mr.M.Thamizhavel For R6.

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ORDER (Order of the Court was made by C.Kumarappan J.)

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The present writ petition has been filed by the hereditary trustee, Sri Kailasanadharswami Temple, Ariyalur (South).

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Admittedly, the Temple is a private Temple. Even according to the averment made in the writ affidavit, the respondents 4 to 6 made an encroachment in respect of the temple property. Therefore, the very narration in the affdavit would show that there is no government involvement in the present writ petition. Thus, the very maintainability of the writ petition is in question. Private Temple will not come under the definition of State. Hence, we do not find any merit in the writ petition and the writ petition stands dismissed. However, the petitioner is at liberty to proceed against the encroachment, if he is so advised, before the Civil Court. No costs.

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(S.M.S.,J.) (C.K.,J.) 23-01-2026

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Index: Yes/No Neutral Citation: Yes/No

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VSI

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

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WP No. 25312 of 2023

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