Liboniya v. The Joint Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-01-2026

CORAM

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Liboniya ..Petitioner Vs

1. The Joint Commissioner, Hindu Religious & Endowment Board, Nagapattinam and District.

2. A/m.Thiyagaraja Swamy Temple,(SCN.124), Rep.by its Executive Officer, Thiruvaimoor Village, Thirukkuvalai Taluk, Nagapattinam District.

3. S.Yovan ..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus, directing the first respondent to initiate proceedings on the representation dated 22.09.2025 given by the petitioner in view of the letter issued by the Commissioner of HR & CE, Chennai - 34 to the first respondent dated 08.10.2025 and consequently to take suitable steps to transfer the land in S.Nos.22/3, 24/1, 26/1, 22/3 which is situated at Thiruvaimoor Village, Thirukkuvalai Taluk, Nagapattinam District. For Petitioner :

Mr.P.Vijendran For Respondent 1:

Mr.S.Ravichandran Additional Government Pleader __________Page 1 of 4

ORDER

The writ petition is filed for a direction to the first respondent to initiate proceedings on the representation dated 22.09.2025 given by the petitioner in view of the letter issued by the Commissioner of HR & CE, Chennai - 34 to the first respondent dated 08.10.2025 and consequently to take suitable steps to transfer the land in S.Nos.22/3, 24/1, 26/1, 22/3 which is situated at Thiruvaimoor Village, Thirukkuvalai Taluk, Nagapattinam District.

2. Upon hearing the learned counsel for the petitioner and perusing the material records of the case, it can be seen that the third respondent, namely S.Yovan, who is said to be a cultivating tenant of the temple lands, is said to have entered into an agreement for sale with the petitioner.

3. Such transaction itself is illegal. Neither the third respondent ought to have entered into an agreement for sale, nor the petitioner ought to have parted with money for purchasing the temple property.

4. In view of the apparent illegal act committed by the third respondent, it is open to the temple to take immediate action to evict the third respondent from the lands. It is also open to the temple authorities to consider the request of the petitioner to be a cultivating tenant in respect of the said land in the manner __________Page 2 of 4

known to law. With the above observations, the prayer to transfer the tenancy directly in the name of the petitioner cannot be granted, as it would be a premium for illegal purchase.

5. The writ petition is disposed of with the aforesaid observations. No costs.

19-01-2026 NSL To

1. The Joint Commissioner, Hindu Religious & Endowment Board, Nagapattinam and District.

2. A/M.Thiyagaraja Swamy Temple,(SCN.124), Rep.by its Executive Officer, Thiruvaimoor Village, Thirukkuvalai Taluk, Nagapattinam District.

__________Page 3 of 4

D.BHARATHA CHAKRAVARTHY, J.

NSL 19-01-2026 __________Page 4 of 4