Disposed¶33

Sakthivel v. The District Collector

Madras HC21 Apr 2026WP(MD)/11626/2026

Case brief

AI extract

What is this about?

Encroachment removal; Sri Subramaniya Swamikal Temple land; S.No.283/3A Thogaimalai Revenue Village; Kulithalai Taluk; Karur District; HR&CE Joint Commissioner Kadamber Temple; survey direction with notice; personal hearing and due process; representation dated 25.08.2025; petitioner brother of fourth respondent; personal dispute; writ of mandamus; Article 226 Constitution of India; disposed of, no costs; Madurai Bench Madras High Court; N.Sathish Kumar J.; M.Jothiraman J.

What did the court decide?

Writ Petition disposed of with directions to respondents 1 to 3 to conduct a survey after notice to all parties within two weeks and, if encroachment is revealed, to remove it after personal hearing and due process within three months; no costs imposed. ¶33

Sakthivel 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 be issued directing respondents 1 to 3 to remove the alleged encroachment on the land belonging to Sri Subramaniya Swamikal Temple at S.No.283/3A, Thogaimalai Revenue Village, Kulithalai Taluk, Karur District, by considering the petitioner's representation dated 25.08.2025. +1 more

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Court's answer

The authorities concerned are directed to conduct a survey of the place in question after issuing notice to the petitioner, the fourth respondent and all other parties concerned, if any, within two weeks from the date of receipt of a copy of the order.

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Ratio / Principle

If the survey reveals any encroachment, the authorities shall take necessary action for its removal after affording sufficient opportunity of personal hearing to all parties concerned and by following due process of law, within three months thereafter.

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Key takeaways

The petitioner is the brother of the fourth respondent; although the affidavit projects the matter as encroachment of temple land, the Court observed that the issue appears to be essentially a personal dispute.obiter¶27

Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), W.P(MD)No.11626 of 2026, decided 21.04.2026 (Order by N.SATHISH KUMAR, J.; bench with M.JOTHIRAMAN, J.). Sakthivel, brother of the fourth respondent Karuppasamy, sought a writ of mandamus under Article 226 of the Constitution directing the District Collector, Karur, the Tahsildar, Kulithalai Taluk, and the Joint Commissioner, HR&CE Department, Kadamber Temple, to remove the alleged encroachment on Sri Subramaniya Swamikal Temple land at S.No.283/3A, Thogaimalai Revenue Village, Kulithalai Taluk, Karur District, by considering his representation dated 25.08.2025. The Court noted the matter appeared to be essentially a personal dispute, and the Additional Government Pleader submitted the temple property had already been leased out in accordance with law. The Court directed the authorities to conduct a survey after notice to all parties within two weeks of receipt of the order and, if encroachment was revealed, to remove it after affording personal hearing to all parties and following due process of law within three months thereafter. Writ Petition disposed of; no costs.

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W.P(MD)No.11626 of 2026

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 21.04.2026

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CORAM:

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THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN

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W.P(MD)No.11626 of 2026

Sakthivel

... Petitioner

vs.

1.The District Collector, Karur District, Karur.

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2.The Tahsildar, Kulithalai Taluk, Karur District.

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3.The Joint Commissioner, Hindu Religious & Charitable Endowments Department, Kadamber Temple, Kulithalai Taluk, Karur District.

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4.Karuppasamy ... Respondents

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

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W.P(MD)No.11626 of 2026

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PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to remove the encroachment made in the Sri Subramaniya Swamikal Temple land situated at S.No.283/3A, Thogaimalai Revenue Village, Kulithalai Taluk, Karur District by considering the petitioner's representation dated 25.08.2025.

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For Petitioner : Mr.V.G.Vallarasu Chezhiyan For R1 to R3 : Mr.J.Ashok Additional Government Pleader

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ORDER

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(Order of the Court was made by N.SATHISH KUMAR, J.)

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The petitioner has filed the present Writ Petition seeking a direction to

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respondents 1 to 3 to remove the alleged encroachment on the land belonging to Sri Subramaniya Swamikal Temple, situated at S.No. 283/3A, Thogaimalai Revenue Village, Kulithalai Taluk, Karur District, by considering the petitioner’s representation dated 25.08.2025.

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

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W.P(MD)No.11626 of 2026

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2. The petitioner is none other than the brother of the fourth respondent. Though the allegations in the affidavit are projected as if the temple land has been encroached upon, it appears that the issue is essentially a personal dispute.

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The learned Additional Government Pleader appearing for respondents 1 to 3 submitted that the temple property has already been leased out in accordance with law.

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4.In such view of the matter, the authorities concerned are directed to conduct a survey in the place in question, after issuing notice to the petitioner, fourth respondent, and all other parties concerned, if any, within a period of two weeks from the date of receipt of a copy of this order. If the survey reveals any encroachment, the authorities concerned shall take necessary action for the removal of such encroachment, after affording sufficient opportunity of personal hearing to all the parties concerned and by following due process of law, within a period of three months thereafter.

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

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W.P(MD)No.11626 of 2026

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5.With the above directions, this Writ Petition is disposed of. No costs.

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[N.S.K.,J.] [M.J.R.,J.] 21.04.2026

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