Karunanithi v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.12.2022 CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY N.Karunanidhi .. Petitioner vs 1.The Commissioner, Hindu Religious & Charitable Endowment Dept., No.119, Utthamar Gandhi Salai, Nungampakkam, Chennai-600 034.
2.The Assistant Commissioner, Hindu Religious & Charitable Endowment Dept., Villupuram District.
3.The Thasildar, Sankarapuram Taluk, kallakurichi District.
4.Sengunthar Magajana Sangam, rep. by its president, Devapandalam Village, Sankarapuram Taluk, Kallakurichi District.
.. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to retrieve the temple lands comprised in Old Survey No.106/1, new Survey No.106/9 in Patta No.913 total to an extent of 60 cents situate at Devapandalam Village, Sankarapuram Taluk, Kallakurichi District belongs to Arulmighu Parthasarathy Thirukovil from the 4th respondent by cancelling the patta issued by the third respondent pursuant to the petitioner representation dated 26.2.2022 For the Petitioner : Mr.T.Balachandran For the Respondents : Mr.P.Muthukumar State Government Pleader assisted by Mr.M.Rajendran Addl. Government Pleader for respondents 1 to 3
ORDER
(Order of the court was made by the Hon'ble Acting Chief Justice) This writ petition has been filed by the petitioner for issuance of a writ of mandamus directing the official respondents to retrieve the temple lands in new Survey No.106/9 (old S.No.106/1) in Patta No.913 measuring an extent of 60 cents situated at Devapandalam Village, Sankarapuram Taluk, Kallakurichi District, belonging to
Arulmighu Parthasarathy Thirukovil from the hands of the fourth respondent by cancelling the patta issued by the third respondent.
2. When the petitioner has stated that patta has been issued in respect of the temple lands in question in favour of the fourth respondent, he has to work out his remedy in the manner known to law to challenge the correctness of the issuance of patta. Without doing so, seeking a direction on the official respondents by way of the writ petition to retrieve the temple lands by considering his representation dated 26.2.2022 is untenable.
3. Learned State Government Pleader, on instructions, submitted that the Inspector, Hindu Religious and Charitable Endowment Department, Thirukovilur, is taking steps to cancel the patta, if any, issued in favour of the fourth respondent for the temple lands in question.
4. Since the patta issued in favour of the fourth respondent for the temple lands cannot be cancelled exercising jurisdiction under
Article 226 of the Constitution of India and since the HR&CE Department is taking steps to cancel the patta issued in favour of a private person in respect of the temple lands, the writ petition cannot be entertained and hence, the same is dismissed. However, liberty is granted to the petitioner to work out his remedy to cancel the patta in the manner known to law. There will be no order as to costs.
(T.R., ACJ.) (D.B.C., J.) 08.12.2022 Index : Yes/No bbr To:
1.The Commissioner, Hindu Religious & Charitable Endowment Dept., No.119, Utthamar Gandhi Salai, Nungampakkam, Chennai-600 034.
2.The Assistant Commissioner, Hindu Religious & Charitable Endowment Dept., Villupuram District.
3.The Thasildar, Sankarapuram Taluk, kallakurichi District.
T.RAJA, ACJ.
AND D.BHARATHA CHAKRAVARTHY, J.
bbr 08.12.2022