Alagar v. The Joint Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23-03-2026

CORAM

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Alagar ... Petitioner Vs.

1. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Theppakula Theru, Neelagirishwarar Thoppu, Tiruvanaikovil, Trichy - 625 005.

2. The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Theppakula Theru, Neelagirishwarar Thoppu, Tiruvanaikovil, Trichy - 625 005.

3. The Executive officer, Hindu Religious and Charitable Endowments Department, Marungapuri Circle, Thuvarankuruchi,

4. The Inspector, Hindu Religious and Charitable Endowments Department, Marungapuri Circle, Thuvarankuruchi, 1/6

5. The Heriditary Trustee, ...

Respondents PRAYER: Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus, directing the 1 to 3 Respondents to recover the Sree Vinayagar temple land from encroachers and conduct periodical public auction for lease, in respect of the temple property comprised in Punja land in S.F. Nos.357/1 for an extent of 1.2.50 hectare is situated Akkulampatti, Paluvanji East Village, Marungapuri Taluk, Trichy District on the basis of petitioners representation date 20.12.2024, with in time frame fixed by this Honble Court and pass such further or other orders as this Hon'ble court may deem fit and proper in the circumstances of this case and thus render justice.

For Petitioner : Mr.T.Vadivelan For R1 to R4 : Mr.M.Sarangan Additional Government Pleader

ORDER

The writ petition is filed for a Mandamus to recover the land belonging to Arulmighu Vinayagar Temple comprised in S.F.No.357/1, Akkulampatti, Paluvanji East Village, Marungapuri Taluk, Trichy District based on the petitioner's representation dated 20.12.2024 and also to conduct periodical public auction for lease in respect of the temple property.

2/6

2. Heard Mr.T.Vadivelan, learned counsel appearing for the petitioner and Mr.M.Sarangan, learned Additional Government Pleader, who takes notice on behalf of the respondents 1 to 4.

3. When the matter was taken up for hearing today, the learned counsel for the petitioner submitted that the 'A Register' clearly reflects that the property belongs to the temple.

4. On the other hand, the learned Additional Government Pleader appearing on behalf of the respondents 1 to 4 would submit that a due enquiry would be conducted by the 2nd respondent / Assistant Commissioner, and appropriate action would be taken in accordance with law.

5. This writ petition is disposed of at the stage of admission itself, without expressing any opinion on the merits of the matter.

6. In view of the limited relief sought for in the writ petition, the same is disposed of on the following terms:- 3/6

i. The 2nd respondent shall take up the petitioner's representation dated 20.12.2024 for enquiry. Due notice shall be issued to the petitioner and to such other persons who are in occupation. If it is found that the property in question is temple property, appropriate proceedings under Sections 78 and 79 of the Tamil Nadu (HR & CE) Act, 1959 shall be initiated to evict the encroachers and the land shall be restored to the temple. In the event of any manipulation in the revenue records, the same shall also be duly rectified and restored in the name of the temple. ii. The aforesaid exercise shall be completed as expeditiously as possible, in any event not later than 4 months from the date of receipt of a web copy of this order, without waiting for the certified copy of the order.

iii. No costs.

23.03.2026 Index: Yes Speaking Order: Yes rgm 4/6

To

1. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Theppakula Theru, Neelagirishwarar Thoppu, Tiruvanaikovil, Trichy - 625 005.

2. The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Theppakula Theru, Neelagirishwarar Thoppu, Tiruvanaikovil, Trichy - 625 005.

3. The Executive officer, Hindu Religious and Charitable Endowments Department, Marungapuri Circle, Thuvarankuruchi,

4. The Inspector, Hindu Religious and Charitable Endowments Department, Marungapuri Circle, Thuvarankuruchi,

5. The Heriditary Trustee, 5/6

D.BHARATHA CHAKRAVARTHY, J.

rgm 23.03.2026 6/6