Temple challenged encroachment-removal proceedings for Survey No.229/1 while its revision against dismissal of appeal was pending. Court recorded State's statement of no coercive action, directed the first respondent to decide the revision within three months, staying removal action till then.
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W.P(MD)No.16295 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 15.06.2026
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and
THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
W.P(MD)No.16295 of 2026 and
W.M.P(MD)Nos.12134, 12137 & 12142 of 2026
Sri Aadhi Muthu Mariamman Temple, Represented by the President, Karthigai Selvan, S/o.Arunachalam, Periyapattinam Village, Keelakarai Taluk, Ramanathapuram District.
... Petitioner
vs.
1.The Principal Secretary to the Government, The Revenue Department, Fort St. George, Chennai.
2.The District Collector, Ramanathapuram District.
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W.P(MD)No.16295 of 2026
3.The Tahsildhar, Keelakarai Taluk, Ramanathapuram District.
4.The Assistant Divisional Engineer, Highways Department, Construction and Maintenance, Ramanathapuram District.
5.The Assistant Engineer, Highways Department, Construction and Maintenance, Ramanathapuram District.
... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order in proceeding No.327/2026/E.Va.A dated 19.05.2026 passed by the fourth respondent and quash the same and direct the respondent to issue patta to the petitioner's temple namely Sri Aadhi Muthu Mariamman Temple for Survey No.229/1, Periyapattinam Village, Keelakarai Taluk, Ramanathapuram District.
For Petitioner : Mr.K.Navaneetharaja For Respondents : Mr.S.Venkatesh for State
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ORDER
W.P(MD)No.16295 of 2026
(Order of the Court was made by N.SATHISH KUMAR, J.)
Challenging the proceedings of the fourth respondent dated 19.05.2026, directing removal of the alleged encroachment in Survey No. 229/1, Periyapattinam Village, Keelakarai Taluk, Ramanathapuram District, the petitioner has filed the present writ petition and seeks a consequential direction to the respondents to issue patta in favour of the petitioner’s temple, namely Sri Aadhi Muthu Mariamman Temple, in respect of Survey No.229/1, Periyapattinam Village, Keelakarai Taluk, Ramanathapuram District.
2.The main grievance of the petitioner is that pursuant to the order passed by this Court in W.P(MD)No.33066 of 2025 dated 20.11.2025, the petitioner preferred an appeal before the second respondent, which was dismissed. Challenging the same, the petitioner preferred a revision before the first respondent, which is pending consideration. Without awaiting the
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outcome of the said revision, the fourth respondent issued the impugned proceedings dated 19.05.2026 directing removal of the alleged encroachment. Aggrieved thereby, the petitioner has filed the present writ petition.
3.The learned counsel appearing for the State, on instructions,
submitted that till the disposal of the revision, the authority concerned will not initiate any action for removal of the alleged encroachment.
4.The said statement is recorded.
5.In such view of the matter, the first respondent is directed to
dispose of the revision preferred by the petitioner within a period of three months from the date of receipt of a copy of this order. Till the disposal of the said revision, the authority concerned shall not initiate any action for removal of the alleged encroachment.
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W.P(MD)No.16295 of 2026
6.With the above directions, this writ petition is disposed of.
There shall be no order as to costs. Consequently, connected Miscellaneous
Petitions are closed.
[N.S.K.,J.] [M.J.R.,J.] 15.06.2026 NCC : Yes / No Index : Yes / No Internet : Yes ps To
1.The Principal Secretary to the Government, The Revenue Department, Fort St. George, Chennai.
2.The District Collector, Ramanathapuram District.
3.The Tahsildhar, Keelakarai Taluk, Ramanathapuram District.
4.The Assistant Divisional Engineer, Highways Department, Construction and Maintenance, Ramanathapuram District.
5.The Assistant Engineer,
Highways Department, Construction and Maintenance, Ramanathapuram District.
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W.P(MD)No.16295 of 2026
N.SATHISH KUMAR, J. and M.JOTHIRAMAN, J.
ps
W.P(MD)No.16295 of 2026
DATED : 15.06.2026
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2 issues framed by the court
Whether the impugned encroachment removal proceedings could stand while the petitioner's revision before the first respondent was pending.
Should the first respondent dispose of the pending revision and should coercive action be stayed meanwhile?
1 provisions across 1 enactments
Sri Aadhi Muthu Mariamman Temple, Represented by the President, Karthigai Selvan
The Principal Secretary to the Government, The Revenue Department
The District Collector, Ramanathapuram District
The Tahsildhar, Keelakarai Taluk
The Assistant Divisional Engineer, Highways Department
The Assistant Engineer, Highways Department
N.Sathish Kumar
M.Jothiraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
