Authorities Must Consider Temple-Encroachment Representation After Hearing Affected Persons

The petitioner sought removal of alleged encroachments on land belonging to Arulmigu Chokkanatha Swamy Temple near Melapalayam Signal, Tirunelveli.

He had submitted a representation to the authorities on 7 August 2024, which he alleged remained pending.

He therefore filed a writ petition under Article 226 seeking a direction to the authorities to act on the representation.

The State submitted that the representation would be considered in accordance with law within a timeframe fixed by the Court.

1. Whether the official respondents should be directed to consider the petitioner’s representation concerning alleged encroachments on temple land.

2. Whether the Court should determine the merits of the alleged encroachment or direct its removal in this petition.

The petition invoked the High Court’s writ jurisdiction under Article 226 of the Constitution.

The Court directed consideration of the pending representation in accordance with law and after providing an opportunity to all aggrieved persons.

No specific statute, precedent, or substantive rule governing the alleged encroachment was discussed or applied in the order.

The Court addressed the matter as a request for consideration of a pending representation, noting the petitioner’s claim that it had not been acted upon and the State’s undertaking that it would be considered.

It therefore directed the official respondents to consider the representation and pass appropriate orders, if they had not already done so, within six weeks and after hearing all aggrieved persons.

The Court expressly left the merits open and did not determine whether encroachment had occurred or require removal of any structures.

The Court expressed no opinion on the merits, and made no order as to costs.