Authorities Must Coordinate Lawful Removal of Encroachments from Water Bodies and Temple Properties.

The petitioner sought a direction requiring the authorities to inspect and remove alleged encroachments from fourteen water bodies and temple properties in Thiruthuraipoondi, relying on his representation dated 06.01.2025

The District Collector filed an action-taken report stating that some encroachments had been removed, others identified, and action initiated by Revenue and HR&CE authorities

1. Whether the authorities should take coordinated action to remove identified encroachments from the water bodies and temple properties

2. Whether the removal process must follow the applicable statutory procedures and afford encroachers an opportunity to be heard

Encroachments on temple properties are to be addressed by the competent authorities under Section 78 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959

Encroachments in water bodies may be addressed by the competent Public Works Department or Water Resources Department authorities, while encroachments on other Government poramboke lands fall to the Revenue Authorities

Enforcement action must follow the procedures prescribed by law, including affording encroachers an opportunity to be heard

The action-taken report showed that encroachments had been removed or identified and that enforcement measures were underway

Because the properties included water bodies, temple properties, and potentially other Government poramboke lands, the Court identified the respective authorities responsible for enforcement and directed them to coordinate and proceed under the applicable legal procedures

The Court also required that affected encroachers receive an opportunity to be heard

The exercise was to be completed within four months from receipt of a copy of the order; no costs were awarded