Madras High CourtProperty and Real Estate LawAdministrative and Public Law

Madras HC Dismisses Temple-Encroachment Plea After Survey Finds No Structure On Government Pathway

Mr. M.Murugesan,v.The District Collector,

Madras HC Dismisses Temple-Encroachment Plea After Survey Finds No Structure On Government Pathway. Mr. M.Murugesan, vs The District Collector,. Madras High Court. LawLens
The LawLens card for this judgmentXLinkedInWhatsApp

In brief

The question

Whether an encroachment had been identified in Survey No. 132/1 warranting a direction for its removal

The court held

On that basis, it concluded that no encroachment had been identified in the relevant survey number and that no further adjudication was required

It also directed

The Court dismissed the writ petition, made no order as to costs, and closed the connected miscellaneous petition

01Facts

The petitioner sought a mandamus directing the authorities to remove an alleged temple encroachment on Government poromboke land in Survey No. 132, Kondaiyampalli Village, and to act against respondents 8 to 15 for allegedly harassing him and his family, relying on his representation dated 20 March 2026

p. 2

In a status report, the Tahsildar stated that revenue records classified Survey No. 132/1, measuring 0.09.0 hectares, as Government poromboke pathway, and that a survey and field enquiry on 12 May 2026 found no temple or other permanent or temporary construction there

pp. 3–4

02Issues

i.Whether an encroachment had been identified in Survey No. 132/1 warranting a direction for its removal

pp. 2–4

ii.Whether the petitioner was entitled to the other relief sought, including action concerning the alleged harassment

p. 2

03Law Applied

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

p. 2

The judgment cited no separate statutory provision, precedent, or substantive legal test; its stated basis for decision was the Tahsildar’s survey and status report concerning the alleged encroachment

pp. 3–4

04Reasoning

The Court considered the status report, which recorded that the relevant land was classified as a Government pathway but that no encroachment had been found during the field survey

pp. 3–4

On that basis, it concluded that no encroachment had been identified in the relevant survey number and that no further adjudication was required

p. 4

The Court made no separate finding on the petitioner’s allegation of harassment.

05Holding

On that basis, it concluded that no encroachment had been identified in the relevant survey number and that no further adjudication was required

p. 4

The Court dismissed the writ petition, made no order as to costs, and closed the connected miscellaneous petition

p. 4
Madras High Court

Original Court PDF

Mr. M.Murugesan,vsThe District Collector,

Madras High Court · November 02, 2026

Click to open original judgment

Original judgment, available to read, download and summarize on LawLens.in

Click to open original judgment