Facts
The petitioner sought consideration of his representations and a survey to identify and remove alleged encroachments on Dharmaraja Kulam and temple property in Korattur, including lands in Old Survey Nos. 889–891
Source reference: p. 2–3The HR&CE Department stated that the Arulmigu Draupathiamman Dharmaraja Thirukkoil was not under its control, but that the pond had been filled and encroached upon; it had directed its officials to take steps concerning the temple
Source reference: p. 4The Tahsildar’s records correlated the relevant lands with Town Survey Nos. 2 and 21, Block No. 64: one parcel was recorded as “Ryotwari Punjai” and used as a street, and another as “Circar Poromboke” used as Dharmaraja Pond
Source reference: p. 5–6Issues
1. Whether the authorities should survey and identify the temple property, Government poromboke land and street area, and take action against alleged encroachments
Source reference: p. 3, 62. Whether the HR&CE Department should take appropriate steps concerning the temple, which it stated was not under its control
Source reference: p. 4Law Applied
The petition was brought under Article 226 of the Constitution, seeking mandamus
Source reference: p. 2–3The Court directed that enforcement action be taken under the relevant statutes and rules in force, while affording alleged encroachers an opportunity to defend their case.
Source reference: p. 6The judgment identifies no specific statute, rule, or precedent by name.
Source reference: no citationReasoning
The revenue records and the authorities’ statements indicated that the lands included a pond classified as Government poromboke, a street area, and property alleged to be connected with the temple
Source reference: p. 4–6Given those findings, the Court directed a survey to establish the relevant boundaries and identify the properties before enforcement action was taken. It required the authorities to follow the applicable legal procedure and provide alleged encroachers an opportunity to be heard
Source reference: p. 6The Court also observed that the HR&CE Department should initiate appropriate steps to bring the temple under its control, subject to due process.
Source reference: p. 4Holding
The writ petition was disposed of with directions to the respondents to survey and identify the temple properties, Government poromboke lands and street area, and initiate proceedings to remove encroachments in accordance with the applicable statutes and rules, after giving the encroachers an opportunity to defend their case.
The exercise was to be completed within 12 weeks of receipt of the order. No costs were awarded
Source reference: p. 6Original Court PDF
Mr.RameshvsThe District Collector,
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