Vedarpari Maithaana Thozhil v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.08.2025
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.No.34574 of 2025 Vedarpari Maithaana Thozhil Munaivor Matrum Thozhilaalar Sangam represented by its Secretary K.Vasu S/o.Krishnan No.265, S.N.Setti Street, Royapuram, Chennai 600 013.
Petitioner Vs 1.The Commissioner, 2.The Deputy Commissioner I.V.K. Sampath Maaligai, College Road, Chennai - 600 006.
3.Arulmighu Kandasamy Temple Rep By its Trustees Muthukumarasamy Devasthanam Rasappacherry Street, Chennai 03 4.The District Collector, 5.The District Registrar, 1/6
6.The Sub Registrar Office Royapuram, Chennai.
Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondents 1 to 4 to immediately take appropriate action to correct the revenue entires as well as to give appropriate information and inimation to the 5th and 6th respondents not to entertain any documents for registration regarding property admeasuring 1 Kaani and 5 Grounds and 1570 Sq.ft comprised in R.S.No.3616 situated at Royapuram and Tondiarpet and to take all necessary vigilant action against the illegal land grabbers in accordance with the provisions of the HR and CE act by considering the petitioner's representation dated 10.07.2025. For Petitioner : Mr.R.Rajarajan For Respondents : Mr.N.R.R.Arun Natarajan Special Government Pleader [R1 to R3] Mr.E.Vijay Anand, Additional Government Pleader [R4 to R6] *****
O R D E R
This writ petition has been filed seeking issuance of a writ of mandamus directing the respondents 1 to 4 to take immediate action on the representation made by the petitioner on 10.07.2025 wherein the 2/6
petitioner is seeking for correcting the entries made in the revenue records and to forbear the office of the Sub-Registrar not to entertain any document pertaining to the subject property.
2. Heard Mr.R.Rajarajan, learned counsel for petitioner, Mr.N.R.R.Arun Natarajan, learned Special Government Pleader appearing for respondents 1 to 3 and Mr.E.Vijay Anand, learned Additional Government Pleader appearing for respondents 4 to 6.
3. The case of the petitioner is that the subject property was endowed in favour of the temple in the year 1896 and the grievance of the petitioner is that an attempt was made by certain persons by filing an application under Section 63A of the Hindu Religious and Charitable Endowment Act, 1959, to declare that the property is the separate property and was not given as an endowment to the temple. This application came to be dismissed in the year 1994. An appeal was filed and even in the appeal, the decision was confirmed by order dated 29.12.1995. Thereafter, a suit was filed in O.S.No.14804 of 1996 before the V Assistant City Civil Court, Chennai and the same was also dismissed for default on 21.12.2015. In spite of the same, several third 3/6
parties were claiming to be the legal heirs of the persons, who attempted to knock off the endowed property. It is under these circumstances, the petitioner made a representation to the official respondents on 10.07.2025 to take immediate action. Since the same was not considered, the present writ petition has been filed.
4. When the writ petition was taken up for hearing today, Mr.Ashwin Prasad, learned counsel, submits that he wants to file a implead petition on the ground that the rights of the parties was decided by a competent Court in O.S.No.6462 of 1996 by judgment dated 23.08.2022 and therefore, those persons will have a say while deciding the present writ petition.
5. In the considered view of this Court, it is not necessary for this Court to go into the merits of the case. It will suffice if a direction is given to the Joint Commissioner, Hindu Religious and Charitable Endowment Department, to deal with the representation made by the petitioner on 10.07.2025. While dealing with the representation, the Joint Commissioner is directed to issue notice to all the interested parties and it is left open to those parties to place all the materials before the Joint 4/6
Commissioner. The Joint Commissioner shall ultimately decide the issue on its own merits and in accordance with law within a period of three (3) months from the date of receipt of a copy of this order. This writ petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed. 19.08.2025 Index: Yes/no Speaking Order/Non-Speaking Order gm To 1.The Commissioner, 2.The Deputy Commissioner I.V.K. Sampath Maaligai, College Road, Chennai - 600 006.
3.Arulmighu Kandasamy Temple Rep By its Trustees Muthukumarasamy Devasthanam Rasappacherry Street, Chennai 03 4.The District Collector, N.ANAND VENKATESH, J gm 5/6
5.The District Registrar, 6.The Sub Registrar Office Royapuram, Chennai.
7.The Joint Commissioner, 19.08.2025 6/6