N.Chandrasekara Rao v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24-02-2026
CORAM
THE HON'BLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY & WMP No.5993 of 2026 N.Chandrasekara Rao Plot No. 17 and 18, MGR Street, ECR Road, Muttukadu Village, Opposite to MGM, Chengalpattu 603112 ..Petitioner(s) Vs
1. The District Collector Chengalpattu District, Chengalpattu, Tamil Nadu 603 001
2. The Commissioner HR and CE Department, Chennai
3. The Joint Commissioner, HR and CE Department, Kancheepuram
4. The Executive Officer A/m. Nithya Kalyana Perumal Temples, Thiruvadanthai
5. The Inspector A/m. Vembudiamman Vinayagar Vagaira Temple, Chengalpet
6. Secretary Public works department, Chepauk, Chennai 05
7. The Tahsildar Thiruporur Taluka office, Thiruporur Chengalpattu 603 110
8. The Executive Engineer Public Works Department, Buildings ( C and M) Division, Chengalpattu
9. Commissioner of Land Administration Chepauk Chennai ..Respondent(s) PRAYER: This writ petition is filed under Article 226 of the Constitution of India praying for issuance of writ of Mandamus, forbearing the respondents from proceeding with the acquisition proceedings pursuant to Na.Ka.No. 10712/ 2023/ B1 dated 7.07.2025 passed by the 1st respondent Na.Ka.No. 10712/ 2022/ B1 dated 7.08.2025 passed by the 1st respondent and Declaration vide Rc . No. 10712/ 2023/ B1 dated 7.08.2025 issued by the 1st respondent pending the appeal before the 2nd respondent For Petitioner(s):
Mr.Srinath Sridevan, Senior Advocate for M/s. Bhagavath Krishnan PMN Guru Dhananjay Akshayaa.M Kanitha C.B Girish Ramanathan For Respondent(s):
Mr.Abishek Murthy, G.A. for R1 & R6toR9 Mr.N.R.R.Arun Natarajan for R2 to R5
ORDER
The matter pertains to the Vembudi Amman Temple. The petitioner asserts that his family was involved in maintaining the temple, including the
renovation thereof after the 2004 tsunami. The petitioner had applied to be recognized as the hereditary trustee. Said application bearing O.A.No.7 of 2023 was dismissed on 04.11.2025. An appeal under Section 69 of the Tamil Nadu Hindu Religious & Charitable Endowments Act, 1959 ("HR & CE Act") was filed on 10.02.2026. Pending disposal thereof, the petitioner seeks interim relief by way of restraining respondents 2 and 4 from issuing a no objection certificate relating to the proposed acquisition of the land by the State.
2. Learned senior counsel for the petitioner invited my attention to earlier orders of this Court dated 15.10.2025 in W.P.No.8873 of 2024 and order dated 28.11.2025 in W.P.No.46874 of 2025. By both these orders, he submits that interim protection was granted to the petitioner. Because the appeal of the petitioner against order dated 04.11.2025 is pending before the Commissioner, he submits that interim protection be granted until such proceedings are concluded.
3. Mr.N.R.R.Arun Natarajan, learned Special Government Pleader, accepts notice and appears on behalf of respondents 2 to 5. Mr.Abishek Murthy, learned Government advocate, accepts notice on behalf of Respondents 1 and 6 to 9.
4. Mr.N.R.R.Arun Natarajan submits that the petitioner's mother had approached this Court seeking patta in respect of the relevant property. He points out that this Court rejected the request by order dated 21.08.2023 in W.P.No.24442 of 2023. Therefore, he contends that the petitioner is seeking to prevent dispossession from the property by asserting individual rights over the property. This contention is refuted by learned senior counsel for the petitioner by relying on paragraph-47 of the affidavit in support of this writ petition.
5. In order dated 15.10.2025 in W.P.No.37962 of 2025, this Court directed the respondents not to proceed with the acquisition proceedings until disposal of O.A.No.7 of 2023, which was then pending before the Joint Commissioner, HR & CE. By subsequent order dated 28.11.2025, the petitioner was granted interim protection for a period of four weeks from the date of receipt of order dated 04.11.2025 in O.A.No.7 of 2023.
6. In paragraph 47 of the affidavit in support of this writ petition, it is stated as under:- "47. Irrespective of the outcome, I am not fighting this litigation for any personal gain. If the property is saved, it is saved for the institution irrespective whether I am a Hereditary Trustee or not. Therefore, the balance of convenience is in favour of granting the relief."
7. On instructions, it is also stated categorically on behalf of the petitioner that no individual right to the property is being asserted. Considering this aspect and the fact that interim protection was granted, even after the disposal of the application under Section 63(b) of the HR & CE Act, it is just and necessary that respondents 2 and 4 be restrained from granting no objection relating to the acquisition of the land pending disposal of the appeal. The Commissioner is directed to dispose of the appeal on merits within two months from the date of receipt of a copy of this order after providing a reasonable opportunity to the petitioner. Until such time, as indicated above, the interim protection shall operate.
8. This writ petition is disposed on the above terms. Consequently, connected miscellaneous petition is closed. No costs. 24-02-2026 KAL
To
1. The District Collector Chengalpattu District, Chengalpattu , Tamil Nadu 603 001
2. The Commissioner HR and CE Department, Chennai
3. The Joint Commissioner, HR and CE Department, kancheepuram
4. The Executive Officer A/m. Nithya Kalyana perumal temples, Thiruvadanthai
5. The Inspector A/m. Vembudiamman Vinayagar Vagaira Temple, Chengalpet
6. Secretary Public works department, Chepauk, Chennai 05
7. The Tahsildar Thiruporur Taluka office, Thiruporur Chengalpattu 603 110
8. The Executive Engineer Public Works Department, Buildings ( C and M) Division, Chengalpattu
9. Commissioner of Land Administration Chepauk Chennai
SENTHILKUMAR RAMAMOORTHY, J.
KAL & WMP No.5993 of 2026 24-02-2026