K.Subramani @ Suppan v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.07.2025
CORAM:
THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH and W.M.P.Nos.29970 & 29974 of 2025 K.Subramani @ Suppan S/o.Krishnan ... Petitioner Vs 1.The Commissioner, Hindu Religious and Charitable Endowments, 119, Uthamar Gandhi Road, Nungambakkam, Chennai - 600 034.
2.The Joint Commissioner, Hindu Religious and Charitable Endowments, Netthimedu, Salem - 636 002.
3.The Assistant Commissioner, Hindu Religious and Charitable Endowments, Netthimedu, Salem - 636 002.
4.R.Murugesan ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for issuance of a Writ of Certiorari calling for the records relating to the impugned proceedings in ITMS No.8497 dated 18.12.2024 of the fourth respondent and quash the same.
For Petitioner : Mr.B.Kannan For Respondents : Mr.N.R.R.Arun Natarajan Special Government Pleader ***** 1/4
ORDER
This writ petition has been filed challenging the impugned communication of the fourth respondent dated 18.12.2024 wherein the petitioner has been directed to vacate and hand over the property.
2. Heard Mr.B.Kannan, learned counsel for petitioner and Mr.N.R.R.Arun Natarajan, learned Special Government Pleader appearing for respondents.
3. The case of the petitioner is that he is a hereditary poojari of Arulmigu Perumal Muniyappan Temple at Ariyapalayam, Salem District. His family has been acting as temple priest for a long period of time. While so, the fourth respondent issued the impugned notice to vacate and hand over the property in order to auction the same. The petitioner, thereafter, made a representation to the second respondent and the same was not considered. It is under these circumstances, the present writ petition came to be filed before this Court.
4. In the case in hand, the petitioner is claiming right over the property in Survey No.129/3. This property admittedly stands in the name of 2/4
the temple. This Court had an occasion to deal an earlier writ petition in W.P.No.23382 of 2025, which was also a case where the concerned petitioner was claiming to be in possession and enjoyment of the property in Survey Nos.129/3, 52/1 and 138/6 and he sought for restraining the Hindu Religious and Charitable Endowment Department from interfering with the possession and enjoyment of the property. While dealing with this case, this Court took into consideration the written instructions received from the Inspector of HR & CE Department, Valappadi. On going through the same, it was quite evident that the possession was taken over in all these three survey numbers and steps were taken to auction the property. A specific stand was taken to the effect that such step was taken only after taking possession of the property. Recording the same, the said writ petition was dismissed by this Court.
5. In the considered view of this Court, the present writ petition must also face a similar fate. This Court cannot deal with the case of the petitioner differently since what has been dealt with pertains to Survey No.129/3. Hence, the relief sought for by the petitioner cannot be granted by this Court and this Court does not find any merits in the writ petition. 3/4
N.ANAND VENKATESH, J.
gm Accordingly, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed. 22.07.2025 Index: yes/no Speaking Order/Non-Speaking Order gm To 1.The Commissioner, Hindu Religious and Charitable Endowments, 119, Uthamar Gandhi Road, Nungambakkam, Chennai - 600 034.
2.The Joint Commissioner, Hindu Religious and Charitable Endowments, Netthimedu, Salem - 636 002.
3.The Assistant Commissioner, Hindu Religious and Charitable Endowments, Netthimedu, Salem - 636 002.
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