← Library
Madras High CourtWP/47915/2025disposed of

S.Gurumurthy v. The Commissioner

2025-12-09Honourable Mr.Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.12.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY S.Gurumurthy ... Petitioner Vs 1.

The Commissioner, Hindu Religious and Charitable Endowment Department, No.119, Uthamar Ganthi Road, Nungambakkam, Chennai - 600 034.

The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Vellore.

3.

The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Vellore - 632 012.

Ranipet District.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the third respondent to consider the representation given by the petitioner to the second respondent on 19.09.2025. For Petitioner : Ms.R.Angalaparameswari For R1 to R3 : Mr.S.Ravichandran Additional Government Pleader 1/4

ORDER

The prayer in the writ petition is to direct the third respondent to consider the representation of the petitioner made to the second respondent on 19.09.2025.

On a perusal of the representation, it can be seen that the petitioner contends that the temple in question is private property belonging to the family. The contention of the petitioner is that if the religious institution in question is a private religious institution, then there is no role for the respondent. However, it must be seen that the law is well settled that if any person contends that a particular temple or religious institution is private in nature, the onus is on them to approach the civil Court and obtain a decree in their favour. So long as there is no declaration by the civil Court, the respondents will be justified in appointing trustees, etc.

3. Therefore, keeping open the liberty of the petitioner to approach the competent Civil Court with appropriate relief for a declaration, this writ petition stands disposed of. No costs.

09.12.2025 nsl 2/4

To 1.

The Commissioner, Hindu Religious and Charitable Endowment Department, No.119, Uthamar Ganthi Road, Nungambakkam, Chennai - 600 034.

The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Vellore.

3.

The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Vellore - 632 012.

Ranipet District.

3/4

D.BHARATHA CHAKRAVARTHY, J.

nsl W.P.No. 47915 of 2025 09.12.2025 4/4