M.Krishnamoorthy Vs The District Collector — Writ and Judicial Review | Madras HC (2026)

M.Krishnamoorthy Vs The District Collector — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

Writ Petition disposed of (not dismissed) with directions: the seventh respondent may submit an explanation; the authorities shall conclude the Section 78(2) eviction proceedings lawfully after considering that explanation and pass appropriate orders on merits, as expeditiously as possible; no costs awarded.

Issue for consideration

Whether the respondents should be directed (via writ of mandamus) to conduct an enquiry and remove the encroachment made by the seventh respondent, C.Durairaj @ Maruthnayagam, on the sixth respondent Government Temple's lands in Survey Nos.317/2 and 49/26 of Chitoor Village, Thottiyam Taluk, pursuant to the petitioner's representation dated 04.03.2024.

Ratio / Principle

Taking into account that the temple administration had already initiated eviction proceedings and served a Section 78(2) Tamil Nadu HR&CE Act, 1959 notice on the seventh respondent, the court held that the seventh respondent is at liberty to submit an explanation before the authorities concerned.

Key takeaways

The authorities concerned shall conclude the eviction proceedings in accordance with law after taking into consideration the explanation, if any, submitted by the seventh respondent, and pass appropriate orders on merits and in accordance with law, as expeditiously as possible.ratio¶38

Detailed headnote1 paragraphs

Madurai Bench, Madras High Court (N.Sathish Kumar, J.; bench with M.Jothiraman, J.), W.P(MD)No.3217 of 2026, decided 23.03.2026: Petitioner M.Krishnamoorthy sought a writ of mandamus directing respondents 1-5 to conduct an enquiry and remove the encroachment made by the seventh respondent, C.Durairaj @ Maruthnayagam, on lands of the sixth respondent Government Temple (Arulmigu Madurai Kaliyamman Thirukoil) in Survey Nos.317/2 and 49/26 of Chitoor Village, Thottiyam Taluk, Tiruchirappalli District, based on his representation dated 04.03.2024. At hearing, counsel for the temple reported that eviction proceedings had already been initiated and a notice under Section 78(2) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 had been issued to the seventh respondent. The court disposed of the petition: the seventh respondent is at liberty to submit an explanation, and the authorities shall conclude the proceedings in accordance with law after considering that explanation and pass appropriate orders on merits and in accordance with law, as expeditiously as possible. No costs.

W.P(MD)No.3217 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 23.03.2026

CORAM:

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

W.P(MD)No.3217 of 2026

M.Krishnamoorthy

... Petitioner

vs.

1.The District Collector, Tiruchirappalli District, Tiruchirappalli.

2.The Revenue Divisional Officer, O/o.Revenue Divisional Officer,

Musiri, Tiruchirappalli District.

3.The Commissioner,

Hindu Religious and Charitable Endowment Department, 119, Uthamar Gandhi Salai, Nungambakkam, Chennai – 600 034.

4.The Joint Commissioner,

Hindu Religious and Charitable Endowment Department, Srinivasa Nagar, Thiruvanaikoil, Thiruchirappalli.

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5.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Rockfort, Tiruchirappalli.

W.P(MD)No.3217 of 2026

6.The Executive Officer, Arulmigu Madurai Kaliyamman Thirukoil, Kouthrasanaloor Village, Thottiyam, Thiruchirappalli District.

7.C.Durairaj @ Maruthnayagam ... Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to conduct an enquiry and remove the encroachment made by the seventh respondent in the sixth respondent Government Temple in Survey No.317/2 and in Survey No.49/26 of Chitoor Village, Thottiyam Taluk, Thiruchirappalli District based on the representation dated 04.03.2024 within the time limit stipulated by this Court.

For Petitioner : Mr.G.Thalaimutharasu For Respondents : Mr.J.Ashok (R1 to R5) Additional Government Pleader : Mr.V.Chandrasekar (R6)

: Mr.A.Joel Paul Antony

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ORDER

W.P(MD)No.3217 of 2026

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

The petitioner has filed the present Writ Petition seeking a direction to the respondents 1 to 5 to conduct an enquiry and remove the encroachment allegedly made by the seventh respondent in respect of the sixth respondent–Government Temple, situated in Survey No.317/2 and Survey No.49/26 of Chitoor Village, Thottiyam Taluk, Tiruchirappalli District.

2.When the matter is taken up for hearing today, the learned counsel appearing for the sixth respondent/Temple submitted that the Temple administration has already initiated necessary proceedings for eviction and that a notice under Section 78(2) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 has been issued to the seventh respondent.

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W.P(MD)No.3217 of 2026

3.Considering the above submission, the seventh respondent is

at liberty to submit an explanation before the authorities concerned. The authorities concerned shall conclude the proceedings, in accordance with

law, after taking into consideration the explanation, if any, submitted by the seventh respondent, and pass appropriate orders on merits and in accordance

with law, as expeditiously as possible.

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

costs.

[N.S.K.,J.] [M.J.R.,J.] 23.03.2026 NCC : Yes / No Index : Yes / No Internet : Yes ps

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W.P(MD)No.3217 of 2026

To

1.The District Collector, Tiruchirappalli District, Tiruchirappalli.

2.The Revenue Divisional Officer, O/o.Revenue Divisional Officer, Musiri, Tiruchirappalli District.

3.The Commissioner,

Hindu Religious and Charitable Endowment Department, 119, Uthamar Gandhi Salai, Nungambakkam,

Chennai – 600 034.

4.The Joint Commissioner,

Hindu Religious and Charitable Endowment Department, Srinivasa Nagar, Thiruvanaikoil, Thiruchirappalli.

5.The Assistant Commissioner,

Hindu Religious and Charitable Endowment Department, Rockfort, Tiruchirappalli.

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W.P(MD)No.3217 of 2026

N.SATHISH KUMAR, J. and M.JOTHIRAMAN, J.

ps

ORDER MADE IN W.P(MD)No.3217 of 2026

DATED : 23.03.2026

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