Annamalai Vs the District Collector — Writ and Judicial Review | Madras HC (2026)

Annamalai Vs the District Collector — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

Writ petition disposed of with the direction that the District Collector, Salem, shall ensure any violation of the earlier Court order is strictly dealt with and that appropriate action be taken against Panchayat authorities involved in constructing a road on the temple land contrary to the Court's direction; no order as to costs; connected miscellaneous petition closed.

Issue for consideration

Whether the respondents should be directed by way of a writ of mandamus to remove the encroachment upon, and restrained from laying any road on, S.No.170/1 at Ramareddipatty Village, Omalur Taluk, Salem District (temple property), in view of the earlier Court order/undertaking that no road shall be constructed thereon.

Court's answer

The District Collector, Salem, is directed to ensure that any violation of the Court order passed earlier is strictly dealt with.

Ratio / Principle

If the Panchayat authorities are involved in any activity towards construction of road on the temple land contrary to the direction of the Court, appropriate action should be taken against them.

Detailed headnote1 paragraphs

Mandamus - Temple land - Encroachment - Road construction by Panchayat authorities on temple property (S.No.170/1, Ramareddipatty Village, Omalur Taluk, Salem District) despite the undertaking given in the earlier round of litigation and the Court's order dated 15.09.2022 in W.P.No.24761 of 2022 that no construction would be permissible; complaint by the HR & CE Department acted upon by the Tahsildar, who directed stoppage of construction vide letter dated 31.12.2025. The High Court of Judicature at Madras (order made by the Hon'ble Chief Justice Manindra Mohan Shrivastava, bench including G.Arul Murugan, J.) directed the District Collector, Salem, to ensure that any violation of the earlier Court order is strictly dealt with and, if the Panchayat authorities are involved in any road construction on the temple land contrary to the Court's direction, that appropriate action be taken against them; writ petition stood disposed of; no order as to costs; connected W.M.P.No.55481 of 2025 closed.

W.P.No.49636 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.01.2026

CORAM :

THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA,

CHIEF JUSTICE AND

THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN

W.P.No.49636 of 2025 and W.M.P.No.55481 of 2025

Annamalai

S/o.Mannathan, D.No.2/305, Mettukadu, Dhevanagoundanur Village, Sankari Taluk, Salem District.

Petitioner

Vs

1.The District Collector Salem.

2.The Joint Commissioner Tamil Nadu Hindu Religious and Charitable Endowment Department Kariyaperumal Karadu Salai, Neathimedu, Salem- 636 001.

3.The Block Development Officer The Panchayat Union Office Tharamangalam, Omalur Taluk, Salem District.

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W.P.No.49636 of 2025

4.The Tahsildar Omalur, Salem District.

5.The President Ramareddipatty Village Panchayat Tharamangalam, Omalur Taluk, Salem District.

Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to remove the encroachment and restrain them from laying any road in S.No.170/1 at Ramareddipatty Village, Omalur Taluk, Salem District.

For Petitioner: Mr.K.B.Vivekanandhan

For Respondents: Mr.K.Karthik Jagannath Government Advocate for respondent Nos.1, 3 & 4

Mr.N.R.R.Arun Natarajan Spl. GP (HR & CE) for respondent No.2

ORDER

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

Heard learned counsel for the parties.

2. This petition has been filed by the petitioner alleging that

even though in the earlier round of litigation the authorities have given

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W.P.No.49636 of 2025

an undertaking that no road shall be constructed on the property of the temple, three years after that order was passed, again the Panchayat authorities have started constructing the road.

Learned counsel appearing for the HR & CE Department/ respondent No.2 would submit that, as a matter of fact, a complaint was made by the Department and taking cognizance of the same, the Tahsildar has directed construction to be stopped vide his letter dated 31.12.2025.

We have perused both the letter and the complaint, which have been placed for our perusal and the same shall form part of the record.

Learned counsel appearing for respondent Nos.1, 3 and 4 would submit that in view of the order passed by this Court earlier on 15.09.2022 in W.P.No.24761 of 2022, no construction would be permissible and the Tahsildar has again issued fresh order.

The District Collector, Salem, is directed to ensure that any violation of the Court order passed earlier is strictly dealt with and, if _______________ Page 3 of 6_

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W.P.No.49636 of 2025

the Panchayat authorities are involved in any activity towards construction of road on the temple land contrary to the direction of the Court, appropriate action should be taken against them.

With the above direction, the writ petition stands disposed of.

There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

(MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J) 02.01.2026 Index : Yes/No Neutral Citation : Yes/No bbr

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W.P.No.49636 of 2025

To:

1.The District Collector Salem.

2.The Joint Commissioner Tamil Nadu Hindu Religious and Charitable Endowment Department Kariyaperumal Karadu Salai, Neathimedu, Salem- 636 001.

3.The Block Development Officer The Panchayat Union Office Tharamangalam, Omalur Taluk, Salem District.

4.The Tahsildar Omalur, Salem District.

5.The President Ramareddipatty Village Panchayat Tharamangalam,

Omalur Taluk, Salem District.

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W.P.No.49636 of 2025

THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J.

bbr

W.P.No.49636 of 2025

02.01.2026

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