Krishnamurthi, v. The Sub- Registrar,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 01.09.2025

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P. No.11627 of 2020 and WMP.No.14257 of 2020 Krishnamurthi ... Petitioner -Vs1. The Sub-Registrar, Kurinjipadi, Kurinjipadi Taluk, Cuddalore District.

2. The Commissioner, Hindu Religious & Charitable Endowment Department, Nungambakkam High Road, Nungambakkam, Chennai - 600 034.

3. The Assistant Commissioner, Hindu Religious & Charitable Endowment Department, Cuddalore - 607 001.

4. The Vendor, Sri Selvavinayagar Koil and Sri Angalaparameswari Koil, Ellappanpettai, Kurinjipadi Taluk, Cuddalore District.

(R4 Suo-motu impleaded vide order 1/6

dt 27.08.2020 made in W.P.No.11627 of 2020) ... Respondents Prayer:- Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, call for the records and quash the proceedings of the third respondent in his Pa.Mu.No.2893/2019/Aa2 dated 03.05.2019 and consequently direct the first respondent to register the sale deed dated 28.07.2009 in the name of the petitioner in respect of 2200 sq. ft in New S.No.376/6, Old S.No.739/1 bearing plot No.73 in Thiruppurkumaran Nagar, Ellanpanpettai Village, Kurinjipadi Taluk, Cuddalore District and pass orders.

For Petitioner : Mr.D.Baskar For Respondents : Mr.K.Karthikeyan, Government Advocate (HR & CE) for R2 & R3 : Mr.V.Baranidharan Special Government Pleader for R1

ORDER

This Writ Petition has been filed to quash the proceedings of the third respondent in his Pa.Mu.No.2893/2019/Aa2 dated 03.05.2019 and direct the first respondent to register the sale deed dated 28.07.2009 in the name of the petitioner in respect of 2200 sq. ft in New S.No.376/6, Old S.No.739/1 bearing plot No.73 in Thiruppurkumaran Nagar, Ellanpanpettai Village, Kurinjipadi Taluk, Cuddalore District. 2/6

2. The learned counsel for the petitioner submitted that the property in question, which was intended to be purchased by the petitioner belongs to Selva Vinayagar and Angala Parameshwari Temple, Ellappanpettai, Kurinjipadi Taluk, Cuddlaore District, which is a denominational temple belonging to the people of Udayar Community. Earlier, the fourth respondent filed a Suit in O.S.No.157 of 1991 as against the second and third respondents. The Civil Court by its Judgment and Decree dated 29.01.1993 declared the temple as a denominational temple and the entire administration is with the fourth respondent. The very same fourth respondent intended to alienate the property in favour of the petitioner and presented the document before the first respondent. However, the first respondent sent a communication to the second and third respondents whether the property is belonging to Temple. Challenging the same, the present Writ Petition is filed.

3. The learned counsel for the petitioner would submit that it is a denominational temple and the fourth respondent is authorized to alienate the property to the private individuals.

3/6

4. Per contra, the learned Government Advocate (HR & CE) for the second and third respondents submitted that even if it is a denominational temple, the fourth respondent has no power to alienate the property and such alienation should be made only for the interest of the Institution, that too, after getting necessary permission from the concerned Authority/Government as per Section 34 of HR & CE.

5. In view of Section 34 of HR & CE Act, it is mandatory to get permission from the HR & CE before alienating the property for the purpose stated therein. Hence, this petition is liable to be dismissed. Accordingly, this Writ petition is dismissed. Consequently, connected miscellaneous petition is closed. No costs. 01.09.2025 dh Index : Yes/No Speaking/Non-speaking order 4/6

To

1. The Sub-Registrar, Kurinjipadi, Kurinjipadi Taluk, Cuddalore District.

2. The Commissioner, Hindu Religious & Charitable Endowment Department, Nungambakkam High Road, Nungambakkam, Chennai - 600 034.

3. The Assistant Commissioner, Hindu Religious & Charitable Endowment Department, Cuddalore - 607 001.

5/6

M.DHANDAPANI. J., dh 01.09.2025 6/6