Madras High CourtWP(MD)/8383/2026allowed

K.S.Marimuthu v. The Commissioner

2026-06-02Honourable Mrs Justice S.Srimathy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02-06-2026

CORAM

THE HONOURABLE MRS JUSTICE S.SRIMATHY WP(MD) NO. 8383 of 2026 and WMP(MD)No.6833 of 2026 K.S.Marimuthu Petitioner(s) Vs

1. The Commissioner Nungambakkam Chennai-600 034.

2. The Joint Commissioner Azhagesapuram Thoothukudi District.

3. The District Collector Korampallam Thoothukudi District.

4. The District Revenue Officer Thoothukudi District.

5. The Revenue Divisional Officer Thiruchendur Thoothukudi District.

6. The Tahsildar Eral Taluk Thoothukudi District.

7. Muthuraj

8. Brahma Sakthi

9. Mohammed Fayaz

10. .Rajendran

11. Gangadharan

12. .Padmanathan

13. New Era Power Corporation Limited Bangalore.

14. S.G.Sekar Respondent(s) For Petitioner(s): Mr.V.R.Shanmuganathan For Respondent(s): Mr.S.Siva Thilakar, Counsel for State of Tamil Nadu For R1 To R6 No appearance for R7 to R9, R11 and R12 Prayer:

Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records of the impugned proceedings of the 4th respondent in Na.Ka.No.M2/901438/2023 dated 26.08.2025 and quash the same and consequently direct the respondents to restore the entries in the revenue records in respect of Survey Nos. 238/1,251, 277 to 282, 284, 285, 286, 287, and 290 and other survey numbers that stood in the name of Swami Rama Parameswar in Mukaani Village, Eral Taluk, Thoothukudi District, in the name of Swami Ramaparameswarar Temple, and retrieve the lands to temple.

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash the impugned proceedings of the 4th respondent in Na.Ka.No.M2/901438/2023 dated 26.08.2025 and consequently, to direct the respondents to restore the entries in the revenue records in respect of Survey Nos. 238/1,251, 277 to 282, 284, 285, 286, 287, and 290 and other survey numbers that stood in the name of Swami Rama Parameswar in Mukaani Village, Eral Taluk, Thoothukudi District, in the name of Swami Ramaparameswarar Temple and retrieve the lands to temple.

2. The petitioner is a devotee of the said temple. The contention of the petitioner is that the above said Survey Nos. 238/1, 251, 277 to 282, 284, 285, 286, 287, and 290 belongs to the temple. Therefore, the petitioner has filed a petition before the respondents to restore the said lands in the name of the temple. After hearing the petitioner, the official respondents have passed the impugned order. However, they declined to restore the patta in the name of the temple. Aggrieved over the same, the present writ petition is filed.

3.The primary contention of the petitioner is that even in the impugned order, the respondents have stated that the patta No.443 was standing in the name of Swami Rama Parameswar and 46 other persons. But finally the respondents have concluded that the petitioner has not stated to which temple it belongs to. This Court is of the considered opinion the order is an inconsistent order. When the respondents have stated that the patta stands in the name of Rama Parameswar and 46 other persons, it is evident that the land belongs to the Rama Parameswar temple. 4.The learned Counsel appearing for the petitioner submitted that even the temple has preferred an appeal, dated 03.08.2023 before the DRO and the same is pending. 5.Therefore, the impugned order is quashed and the matter is remitted back to the DRO who shall hear the case of afresh along with the appeal filed by the Temple and

pass appropriate orders in accordance to law. While considering the appeal, the official respondents shall issue notice to the petitioner as well as to the temple and other rival claimants, if any, and thereafter consider and pass orders in accordance to law within a period of three months from the date of receipt of a copy of this order. 6.With the above observations, this Writ Petition is allowed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 02-06-2026 Tmg To

1. The Commissioner Nungambakkam

Chennai-600 034.