Madras High CourtWP/25689/2025disposed of

S.Kathiravan v. The Commissioner

2025-07-16Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.07.2025

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH and W.M.P.Nos.28849 & 28850 of 2025 S.Kathiravan S/o.Sundaraj ... Petitioner Vs 1.The Commissioner, H.R & C.E Administrative Department, Chennai - 600 034.

2.The Assistant Commissioner, H.R & C.E. Administrative Department, Thanjavur.

3.The Executive Officer, Arulmigu Palaivananatha Swamy Temple, Thirupaalaithurai, Paapanasam Taluk, Thanjavur District.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Certiorari calling for the records of the first respondent in R.P.No.242 of 2022 D2 dated 28.05.2025 and quash the same as illegal and arbitrary.

For Petitioner : Mr.K.Jayaraman For Respondents : Mr.N.R.R.Arun Natarajan Special Government Pleader ***** 1/4

ORDER

This writ petition has been filed challenging the proceedings of the first respondent in R.P.No.242 of 2022 D2 dated 28.05.2025 dismissing the revision petition filed by the petitioner under Section 21 of the Tamil Nadu Hindu Religious and Charitable Endowment Act, 1959.

2. Heard Mr.K.Jayaraman, learned counsel for the petitioner and Mr.N.R.R.Arun Natarajan, learned Special Government Pleader appearing for respondents.

3. In the considered view of this Court, the entire dispute pertains to title over the property. Therefore, the petitioner has to either file a civil suit and establish the title before the concerned civil Court or the petitioner has an efficacious alternative remedy before the Government under Section 114 of the Tamil Nadu Hindu Religious and Charitable Endowment Act, 1959, to file a revision. In view of the same, this Court is not inclined to exercise its discretion under Article 226 of the Constitution of India. Except giving this liberty, no further orders can be passed in this writ petition. 2/4

This writ petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petitions are closed. 16.07.2025 Index: yes/no Speaking Order/Non-Speaking Order gm To 1.The Commissioner, H.R & C.E Administrative Department, Chennai - 600 034.

2.The Assistant Commissioner, H.R & C.E. Administrative Department, Thanjavur.

3.The Executive Officer, Arulmigu Palaivananatha Swamy Temple, Thirupaalaithurai, Paapanasam Taluk, Thanjavur District.

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N.ANAND VENKATESH, J.

gm 16.07.2025 4/4