S.Senthilvelraja v. The Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD) Nos.2586, 2587, 3264 & 3265 of 2025 W.P.(MD) No.3655 of 2025:
S.Senthilvelraja ... Petitioner -vs1.The Commissioner Charitable Endowment (Admin) Department Nungambakkam Chennai-600 034 2.The Joint Commissioner Zonal Joint Commissioner Charitable Endowment Department Sivagangai-630 561
3.The Deputy Commissioner / Presently functioning as Fit Person of Arulmighu Adaikalam Katha Ayyanar and Padrakali Amman Temple Madapuram Thiruppuvanam Taluk & Post 4.The Executive Officer / Assistant Commissioner Arulmighu Adikalam Katha Ayyanar and Padrakali Amman Temple Madapuram Thiruppuvanam Taluk & Post ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorari to call for the records in connection with impugned shop auction notification in Na.Ka.No.135/2021/A3, dated 22.01.2025, issued by the respondents 3 & 4 herein published in 'Dina Thanthi Daily', dated 23.01.2025 and quash the same as illegal.
For Petitioner :
Mr.S.Bharathy Kannan For Respondents :
Mr.P.Subbaraj Special Government Pleader
W.P.(MD) No.4539 of 2025:
Murugan Servai ... Petitioner -vs1.The Commissioner Charitable Endowment (Admin) Department Nungambakkam Chennai-600 034 2.The Joint Commissioner Zonal Joint Commissioner Charitable Endowment Department Sivagangai-630 561 3.The Deputy Commissioner / Presently functioning as Fit Person of Arulmighu Adaikalam Katha Ayyanar and Padrakali Amman Temple Madapuram Thiruppuvanam Taluk & Post 4.The Executive Officer / Assistant Commissioner Arulmighu Adikalam Katha Ayyanar and Padrakali Amman Temple Madapuram Thiruppuvanam Taluk & Post
5.The District Collector Sivagangai ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorari to call for the records in connection with impugned shop auction notification in Na.Ka.No.135/2021/A3, dated 22.01.2025, issued by the respondents 3 & 4 herein published in 'Dina Thanthi Daily', dated 23.01.2025 and quash the same as illegal.
For Petitioner :
Mr.S.Bharathy Kannan For Respondents :
Mr.P.Subbaraj Special Government Pleader C O M M O N O R D E R [Order of the Court was made by S.M.SUBRAMANIAM, J.] Admittedly, the petitioners are aliens to the auction conducted by the respondent - Temple under the provisions of the Hindu Religious and Charitable Endowments Act, 1951. The auction in question was conducted to lease out the shops belonging to the respondent - Temple.
2. It is to be noted that the writ petition in W.P.(MD) No.3655 of 2025, which is captioned as "Public Interest Litigation", does not fall under the characteristics of the public interest litigation. Public interest litigations are mainly focused on the issues relating to the general public. A public interest litigation must be beyond the personal interest and it must seek to solve the structural issues, social inequity and abuse of constitutional rights. Each and every dispute or the alleged irregularity cannot be brought under the umbrella of the public interest litigation. The scope of the public interest litigation cannot be expanded, which would result in causing prejudice to the parties, who are involved in the particular issue, which is raised in the case on hand.
3. The petitioner in W.P.(MD) No.3655 of 2025 had participated in the auction conducted by the respondent - Temple and the petitioner in W.P. (MD) No.4539 of 2025 had not even applied for the auction and not participated in the auction process.
4. Learned Special Government Pleader appearing for the respondents contended that the auction was conducted on 22.01.2025 and the successful bidders have taken possession of the shops on 10.02.2025.
5. Be that as it may, when the petitioners are noway connected with the impugned auction process and the issues are relating to the conduct of auction by following due procedures, the present writ petitions are not maintainable and the same are liable to be dismissed.
6. Accordingly, the writ petitions are dismissed. No costs. Consequently, connected miscellaneous petitions are closed. [S.M.S., J.] [A.D.M.C., J.] 03.06.2025 NCC :
Yes / No Index :
Yes / No Internet :
Yes / No krk To:
1.The Commissioner, Charitable Endowment (Admin) Department, Nungambakkam, Chennai-600 034.
2.The Joint Commissioner, Zonal Joint Commissioner, Charitable Endowment Department, Sivagangai-630 561, Sivagangai District.
3.The Deputy Commissioner / Presently functioning as Fit Person of Arulmighu Adaikalam Katha Ayyanar and Padrakali Amman Temple, Madapuram, Thiruppuvanam Taluk & Post, Sivagangai District.
4.The Executive Officer / Assistant Commissioner, Arulmighu Adikalam Katha Ayyanar and Padrakali Amman Temple, Madapuram, Thiruppuvanam Taluk & Post, Sivagangai District.
5.The District Collector, Sivagangai, Sivagangai District.
S.M.SUBRAMANIAM, J.
and DR.A.D.MARIA CLETE , J.
krk and W.M.P.(MD) Nos.2586, 2587, 3264 & 03.06.2025