S.Ponnazhagan v. The Joint Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.09.2025 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI and W.M.P.No.37726 of 2025 S.Ponnazhagan ... Petitioner Vs.

1.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Nagapattinam.

2.The Executive Officer, Arulmigu Renugadevi Amman Temple, Vijayapuram, Tiruvarur.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, calling for the records of the 1st respondent made in M.P.No.512/2021/E2 dated 26.07.2025 and quash the same.

For Petitioner : Mr.B.Ramkumar for Mr.S.Aravind For Respondents : Mr.K.Karthikeyan Government Advocate (HR & CE) ***** Page No.1 of 6

ORDER

This Writ Petition has been filed by the petitioner seeking quashment of the order of the 1st respondent made in M.P.No.512/2021/E2, dated 26.07.2025.

2. Mr.K.Karthikeyan, learned Government Advocate, accepts notice on behalf of the respondents. In view of the consent expressed by the learned counsel for the parties, this writ petition is taken up for final disposal at the stage of admission itself.

3. The case of the petitioner is that he is absolute owner in respect of the property situated in T.S.Nos.990 and 991 bearing Door No.100, Anna Salai, Vijayapuram, Tiruvarur Town and District, which he acquired through a registered deed dated 24.12.1998 vide Doc.No.2644/1998 from his father Singaram Pillai. Previously, his father purchase the said property from various individuals through several sale deeds between 1968 and 1976 and the original owner was one Mohamed Abubakkar Ravuthar. Whileso, the 1st respondent has passed the impugned order dated 26.07.2025, directing the petitioner to handover the Page No.2 of 6

property in T.S.Nos.990 and 991 to an extent of 680 sq.ft. to the 2nd respondent temple stating that the said property belongs to the 2nd respondent temple. Challenging the same, the petitioner has filed the present writ petition before this Court.

4. The learned counsel for the petitioner submits that out of the 680 sq.ft., the petitioner is possessing title for 500 sq.ft. from the year 1998 onwards, which was ordered to be vacatted by the 1st respondent and the same is wholly unsustainable. Hence, this Court, may grant liberty to the petitioner to approach the competent Civil Court for declaration and title in respect of 500 sq.ft. However, in respect of remaining 180 sq.ft., this Court may grant liberty to the petitioner to approach the competent Civil Court for appropriate remedy.

5. Considering the limited request sought for by the learned counsel for the petitioner, this Court, without going into the merits of the case, grants liberty to the petitioner to workout the remedy before the competent Civil Court in the manner known to law in respect of 500 sq.ft in T.S.Nos.990 and 991. However, in respect of the remaining 180 sq.ft. Page No.3 of 6

in T.S.Nos.990 and 991, the respondents shall proceed the matter in accordance with law.

6. With the above liberty and direction, this Writ Petition is disposed of. No costs. Consequently, the connected Miscellaneous petition is closed.

03.09.2025 Index : Yes / No Speaking order / Non-speaking order sp Page No.4 of 6

To 1.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Nagapattinam.

2.The Executive Officer, Arulmigu Renugadevi Amman Temple, Vijayapuram, Tiruvarur.

Page No.5 of 6

M.DHANDAPANI, J.

sp and WMP.No.37726 of 2025 03.09.2025 Page No.6 of 6