A/M.Beemeshwaarar Thirukoil v. the Commissioner

Madras HC10 Jul 2026WP/5426/2026

Case brief

AI extract

What is this about?

Temple land encroachment; writ of mandamus under Article 226; removal of encroachments; HR & CE Act Section 78 proceedings; Survey Nos.241/4 and 240/7 Thodukadu Village Tiruvallur District; 54 encroachers identified and noticed; classification/title objection not probed; disposed on status report dated 29.06.2026; no costs; no cases cited or applied.

What did the court decide?

No further direction; the writ petition was disposed of, without costs, upon recording the status report of the 3rd respondent dated 29.06.2026, with liberty left to encroachers to contest in the statutory proceedings. ¶¶45

A/M.Beemeshwaarar Thirukoil Vs the Commissioner — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

¶¶45

Issue for consideration

Whether a writ of Mandamus should be issued directing respondents 1 to 3 to remove the encroachments made by respondents 4 to 33 on the petitioner-temple's land in Survey Nos.241/4 and 240/7 of Thodukadu Village, Tiruvallur District. +1 more

¶¶27

Court's answer

Appropriate action for removal of the encroachments has already been initiated, as borne out by the status report of the 3rd respondent; accordingly the writ petition stands disposed of on recording that report dated 29.06.2026, without costs.

¶¶44

Ratio / Principle

The Court was not inclined to probe into the defence of the private respondents that the land classification is doubtful and the temple's right is unascertained; any encroacher having a semblance of right may participate in the statutory proceedings and put forth their defence there.

¶¶43

Detailed headnote1 paragraphs

MADRAS HIGH COURT (Dr. G. Jayachandran & N. Mala JJ.), WP No. 5426 of 2026, 10-07-2026: The trustee of A/m. Beemeshwarar Thirukoil filed a writ petition under Article 226 seeking a writ of Mandamus to direct HR & CE respondents 1 to 3 to remove encroachments by private respondents 4 to 33 on temple land in Survey Nos.241/4 and 240/7, Thodukadu Village, Tiruvallur District. The Assistant Commissioner, HR & CE, Thiruvallur filed a status report (29.06.2026): the land was surveyed, proceedings initiated under Section 78 of the HR & CE Act, 54 encroachers identified, notices served on all (27 acknowledged; remaining 27 served in person with HR & CE and police assistance). Counsel for some private respondents contended the land classification and the temple's right were unascertained; the Court declined to probe that defence, observing encroachers claiming any semblance of right may participate in the statutory proceedings. Recording the status report, the petition stood disposed of without costs. No precedent engaged.

¶1

WP No. 5426 of 2026

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED: 10-07-2026

¶4

CORAM

¶5

THE HON'BLE DR JUSTICE G. JAYACHANDRAN

¶6

AND

¶7

THE HON'BLE MRS.JUSTICE N. MALA

¶8

Writ Petition No. 5426 of 2026

¶9

A/m.Beemeshwarar Thirukoil Represented by its Trustee Mr.K.Gopalakrishnan S/o. Kothandaram Thodukadu Village, Kadambathur Union Thiruvallur District-602 025.

¶10

..Petitioner

¶11

¶12

The Commissioner Hindu Religious and Charitable Endowments Department Nungambakkam, Chennai - 600 034.

¶13

The Joint Commissioner Hindu Religious and Charitable Endowments Department Vellore- 12

¶14

The Assistant Commissioner Hindu Religious and Charitable Endowments Department, Thiruvallur.

¶15

Mr.Munusamy

¶16

Chitra

¶17

Balaraman

¶18

Chelliammal

¶19

R.Veerabathran

¶20

Dhanasekaran

¶21

10.Vadivelu

¶22

__________ Page1 of 6

¶23

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

¶24

WP No. 5426 of 2026

¶25

11.Bharathy 12.Saraswathy 13.Indirani 14.Sangeetha 15.Lakshmi 16.Ponnammal 17.Sampath Naicker 18.Mageshwari 19.Jegan 20.Sampath Mastry 21.Kuppusamy 22.Alamelu 23.Arumugam 24.Ellammal 25.Ponmalai 26.Ekambaram 27.Ellammal 28.Narayanan 29.Balu 30.Malliga 31.Padmavathy 32.Venugopal 33.Balachandar

¶26

..Respondent

¶27

Prayer: Writ Petition has been filed under Article 226 of Constitution of India, to issue Writ of Mandamus, directing the Respondents 1 to 3 herein to remove the encroachments made by the respondents 4 to 33 in the petitioners temple land comprised in Survey Nos.241/4 and 240/7 of Thodukadu Village, Tiruvallur District within a time to be stipulated by this Hon’ble Court and pass.

¶28

For Petitioner: Mr.L.Chandrakumar For Respondents: Mr.G.Thiyagarajan For R4, R7, R8, R12, R15, R17, R19, R21, R28, R31 & R33 Mr. Veerabathiran Prasanth Government Advocate (HR & CE) For R1 to R3

¶29

__________ Page2 of 6

¶30

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

¶31

WP No. 5426 of 2026

¶32

ORDER

¶33

( Order of the Court was made by Dr.G.Jayachandran J. ) This Writ Petition has been filed by the temple trustee, stating that the

¶34

lands in Survey Nos.241/4 and 240/7 of Thodukadu Village, Tiruvallur District, have been encroached upon by the private respondents, who are arrayed as respondents 4 to 33.

¶35

2. This Court ordered notice to the respondents and also directed the learned Government Advocate (HR & CE) Department to get instructions regarding the alleged encroachments.

¶36

3. The 3^rd respondent, the Assistant Commissioner of the Hindu Religious and Charitable Endowments Department, Thiruvallur, has filed a status report stating that the survey numbers mentioned in the writ petition were surveyed in the presence of the officials and the temple management has initiated proceedings under Section 78 of the HR & CE Act for the removal of encroachments.

¶37

4. In the status report, it is specifically stated that 54 encroachers have been identified, out of whom 27 have received notice and acknowledged. For the remaining 27 encroachers, notices were served in person with the help of the HR & CE officials and the local police. The report further states that steps are being taken as per the law, the encroachers found on the land will be evicted

¶38

and the temple land will be protected by taking effective legal action.

¶39

Page3 of 6

¶40

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

¶41

WP No. 5426 of 2026

¶42

5. Mr.G.Thiyagarajan, learned counsel, who appears on behalf of some of the private respondents, submitted that the classification of the land itself is doubtful and the temple’s right over the land has not been ascertained.

¶43

6. We are not inclined to probe into the defence taken by the private respondents. Admittedly the lands in Survey Nos. 241/4 and 240/7 of Thodukadu Village, Tiruvallur District, are occupied by encroachers, who have now been identified by the 3^rd respondent and notices have been served on them for eviction. If the encroachers have any semblance of right, it is always open to them to participate in the proceedings and put forth their defence.

¶44

7. As far as the present writ petition is concerned, the prayer is to direct the respondents to remove the encroachments in the said survey numbers. From the status report filed by the 3^rd respondent, we find that appropriate action has already been initiated for the removal of encroachments.

¶45

8. Recording the status report of the 3^rd respondent dated 29.06.2026, this Writ Petition stands disposed of. No costs.

¶46

(Dr.G.J.,J.) (N.M.,J.) 10-07-2026

¶47

Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No

¶48

rpl

¶49

__________ Page4 of 6

¶50

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