B.Srinivasa Peroumal v. The Commissioner
In the High Court of Judicature at Madras Dated : 16.5.2025 Coram :
The Honourable Mr.Justice V.LAKSHMINARAYANAN Writ Petition No.18330 of 2025 & WMP.No.20536 of 2025 B.Srinivassa Peroumal
...Petitioner
Vs 1.The Commissioner, Hindu Religious & Charitable Endowments Department, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai-34.
2.The Joint Commissioner, Hindu Religious & Charitable Endowments Department, Cuddalore Division, No.8, River Side Road, Pudupalayam, Cuddalore.
607001.
3.The Assistant Commissioner, Hindu Religious & Charitable Endowments Department, Cuddalore Division, Sub-Jail Road, Manjakuppam, Cuddalore-607001.
4.The Board of Trustees, A/M Sabanayakar Temple, Chidambaram Nagar & Taluk, Cuddalore District.
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5.The Special Tahsildar, Temple Lands, Chidambaram Nagar & District, Cuddalore District.
...Respondents
PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the 1st respondent to dispose the revision petition filed by the petitioner in R.P.(E office) No. 1549285/2025 challenging the order dated 04.3.2025 of the 2nd respondent made in M.P.No.1 of 2025 on merits. For Petitioner :
Mr.G.Mutharasu For R1 to R3 :
Mr.N.R.R.Arun Natarajan, SGP
ORDER
Heard the learned counsel for the petitioner and Mr.N.R.R.Arun Natarajan, learned Special Government Pleader accepting notice for respondents 1 to 3. In view of the limited nature of directions this Court proposes to issue, the writ petition itself is taken up for final disposal without ordering notice to respondents 4 and 5.
2. The writ petition has been filed seeking for a direction to the first respondent to dispose of the revision petition dated 09.5.2025 2/6
filed by the petitioner as against the order dated 04.3.2025 passed by the second respondent.
3. Proceedings were initiated under Section 78 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 pursuant to the orders passed by this Court in the case of A.Radhakrishnan Vs. Commissioner, Land Administration & Others [W.P.No.30639 of 2017 dated 02.9.2024]. In the said proceedings, the second respondent came to the conclusion that the petitioner is in occupation of the property belonging to the fourth respondent temple. Consequently, by order dated 04.3.2025, the second respondent directed the eviction of the petitioner from the premises under his occupation. Aggrieved by that, the petitioner preferred a revision in R.P.No.1549285/2025 dated 09.5.2025 before the first respondent. In this writ petition, the petitioner seeks for disposal of the said proceedings.
4. When the matter is taken up for admission, the learned Special Government Pleader representing respondents 1 to 3 submits 3/6
that the revision petition will be disposed of by the first respondent within a period of four months from the date of receipt of a copy of this order. This is recorded.
5. When the learned counsel for the petitioner has sought for granting of an interim order to de-seal the premises, the learned Special Government Pleader has pointed out that for generations together, the petitioner's family is in occupation of the subject property, but has not paid a single penny to the temple as rent. On instructions, he further submits that a sum of Rs.3,000/- would be reasonable as rent for the premises under the occupation of the petitioner.
6. This Court has carefully considered the submissions of the learned counsel on either side and perused the materials available on record.
7. Considering the facts, the second respondent shall de-seal the premises on the petitioner depositing a sum of Rs.2,00,000/- (Rupees two lakhs only) with the fourth respondent and producing a receipt 4/6
before the second respondent. The revision shall be disposed within a period of 4 months from the date of such deposit.
8. With the above direction, the writ petition is disposed of. No costs. Consequently, the connected WMP is closed. 16.5.2025 Index : Yes (or) No To 1.The Commissioner, Hindu Religious & Charitable Endowments Department, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai-34.
2.The Joint Commissioner, Hindu Religious & Charitable Endowments Department, Cuddalore Division, No.8, River Side Road, Pudupalayam, Cuddalore.
607001.
3.The Assistant Commissioner, Hindu Religious & Charitable Endowments Department, Cuddalore Division, Sub-Jail Road, Manjakuppam, Cuddalore-607001.
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V.LAKSHMINARAYANAN,J RS 4.The Special Tahsildar, Temple Lands, Chidambaram Nagar & District, Cuddalore District.
RS WP.No.18330 of 2025& WMP.No.20536 of 2025 16.5.2025 6/6