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Madras High CourtWP(MD)/9559/2019disposed of

Palanivelu, S/O.Aiyachami v. The Joint Director

2025-07-23Honourable Mr Justice S.M. Subramaniam,Honourable Dr.Justice A.D.Maria Clete22 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE W.P(MD)Nos.9559 of 2019 & 16390 of 2020, 21190, 21199, 21202, 22333, 22351, 22353, 22359, 22548, 22552, 22667, 22671 & 22892 of 2019 and Connected Miscellaneous Petitions W.P(MD)Nos.9559 of 2019 Palanivelu ... Petitioner 1.The Joint Director Central Bureau of Investigation, Haddows Road, Nungambakkam, Chennai - 600 006.

2.The Additional Director General of Police, CBCID, Pantheon Road, Egmore, Chennai - 600 008 3.The Director Vigilance and Anti Corruption Department, No.293, MKN Road, Alanthur, Chennai - 600 016. 4.The Deputy Superintendent of Police, Vigilance and Anti Corruption Department, Karur, Karur District.

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5.The Commissioner Hindu Religious and Charitable Endowment Department, Chennai.

6.The District Collector, Karur District, Karur 7.The District Revenue Officer, Kulithalai, Karur District.

8.Revenue Divisional Offficer, Kulithalai, Karur District.

9.The Joint Commissioner Of Hindu Religious and Charitable Endowment Department, Trichy.

10.The Executive Officer / Administrator, Arulmigu Rathinagireeswarar Thirukovil Vickraham, Ayyar Malai, Kulithalai Taluk, Karur District 11.The Tahsildar Kulithalai Taluk, Kulithalai, Karur District.

12.The Inspector of Police, Kulithalai Town Police Station, Kulithalai, Karur District.

13.Shanmugasundaram 14.Raju Paneerselvam 15.P.Vijayalakshmi, 16Joseph Raj 2/22

India, praying this Court to issue a Writ of Mandamus to conduct CBI Investigation or any Special Investigation Agency i.e. Respondents 1 and 2 in respect of the pattas issued in the names of the third parties i.e. respondents 13 to 16 and other persons for the temple land of the Arulmigu Rathinagireeswarar Thirukovil at Ayyar Malai, Kulithalai Taluk, Karur District by the respondents 7, 8 and 11. For Petitioner Mr.R.Murgappan Mr.R.Karunanithi SPP for CBI (for R1) Mr.T.Senthikumar Addl. Public Prosecutor (for RR2 to 4, 12) Spl. Govt. Pleader (for RR5 to 11, 17) No appearance for RR12 and 16 W.P(MD)No.16390 of 2020 Palanivelu ... Petitioner 1.The Commissioner Hindu Religious and Charitable Endowment Department , Chennai.

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2.The District Collector Karur, Karur District.

3.The District Revenue Officer, Karur , Karur District

4. The Sub Collector / Revenue Divisional Officer, Kulithalai, Karur District.

5.The Thasildhar, Taluk Office, Kulithalai , Karur District.

6.The Joint Commissioner Hindu Religious and Charitable Endowment Department, Trichy.

7.The Executive Officer/ Administrator, Arulmigu Rathinagireeswarar Thiru Kovil Vickraham, Ayyar Malai , Kulithai Taluk, Karur District. India, praying this Court to issue of Writ of Certiorarified Mandamus to call for the records pertaining to the Impugned Order of Na.Ka.C3/473/2020, dated 27/10/2020 issued by the 3rd respondent and quash the same and consequently to direct the Respondents 2 to 5 to issue Patta in the name of the Arulmigu Rathinagireeswarar Thirukovil for the Survey No.36/1 which is a mountain called Ayyar Malai, and on the top of that mountain the ancient Temple of Arulmigu Rathinagireeswarar Thiru Kovil is situated at Ayyar Malai, Sathiyamangalam Revenue Village,Kulithali Taluk, Karur District.

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For Petitioner Mr.R.Murugappan Spl. Govt. Pleader (for RR1 to 6) Mr.P.Athimoolapandian (for R7) W.P(MD)No.21190 of 2019 Saravanabhava Gurukkal ... Petitioner 1.District Revenue Officer, Karur District, Karur.

2.Arulmighu Rathinagiriswarar Temple, Rep. by its Executive Officer, Ayyarmalai, Sivayam, Kulithalai Taluk, Karur District.

India, praying this Court to issue of Writ of Certiorari to call for the records comprised in Na.Ka.C3/6187/2016 dated 06.07.2019 on file of the 1st respondent and quash the same as being arbitrary, illegal and ultra vires the provisions of Tamil Nadu Patta Pass Book Act, 1983 and Tamil Nadu Minor Inams (Abolition and Conversion into Ryotwari) Act 1963.

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For Petitioner Mr.Raguvaran Gopalan Spl. Govt. Pleader (for R1) Mr.P.Athimoolapandian (for R2) W.P(MD)No.21199 of 2019 Saravanabhava Gurukkal ... Petitioner 1.District Revenue Officer, Karur District, Karur.

2.Arulmighu Rathinagiriswarar Temple, Rep. by its Executive Officer, Ayyarmalai, Sivayam, Kulithalai Taluk, Karur District.

India, praying this Court to issue of Writ of Declaration to declare that the action of the 1st respondent and any person claiming to act under him or in pursuance of an order passed by the 1st respondent in cancelling the patta for S.Nos.58/2, and 65/4 of Sathyamangalam Village, Kulithalai Taluk, Karur District standing in the name of the petitioner as service doers of 2nd respondent temple as being arbitrary illegal and ultra vires the provisions of Tamil Nadu Patta Pass Book Act, 1983 and the Tamil Nadu Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963.

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For Petitioner Mr.Raguvaran Gopalan Spl. Govt. Pleader (for R1) Mr.P.Athimoolapandian (for R2) W.P(MD)No.21202 of 2019 Singara Subramanian Gurukkal ... Petitioner 1.District Revenue Officer, Karur District, Karur.

2.Arulmighu Rathinagiriswarar Temple, Rep. by its Executive Officer, Ayyarmalai, Sivayam, Kulithalai Taluk, Karur District.

India, praying this Court to issue of Writ of Declaration to declare that the action of the 1st respondent and any person claiming to act under him or in pursuance of an order passed by the 1st respondent in cancelling the patta for S.Nos. 8/1, 90/4, and 91/3 of Sathyamangalam Village, Kulithalai Taluk, Karur District, standing in the name of the petitioner as service doers of 2nd respondent temple as being arbitrary, illegal, and ultra vires the provisions of Tamil 7/22

Nadu Patta Pass Book Act, 1983, and Tamil Nadu Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963. For Petitioner Mr.Raguvaran Gopalan Spl. Govt. Pleader (for R1) Mr.P.Athimoolapandian (for R2) W.P(MD)No.22333 of 2019 1.S.Manickasundara Gurukkal 2.S.Chellappan 3.S.Nagarajan ... Petitioners 1.District Revenue Officer, Karur District, Karur.

2.Arulmighu Rathinagiriswarar Temple, Rep. by its Executive Officer, Ayyarmalai, Sivayam, Kulithalai Taluk, Karur District.

India, praying this Court to issue of Writ of Declaration to declare that the action of the 1st respondent and any person claiming to act under him or in pursuance of an order passed by the 1st respondent in cancelling the patta for S.No.8/2 of Sathyamangalam Village Kulithalai Taluk, Karur District standing in the name of the petitioners as service doers of 2nd respondent temple as being 8/22

arbitrary, illegal and ultra vires the provisions of Tamilnadu Patta pass Book Act 1983 and Tamilnadu Minor Inams (Abolition and conversion into Ryotwari) Act, 1963.

For Petitioner Mr.Raguvaran Gopalan Spl. Govt. Pleader (for R1) Mr.P.Athimoolapandian (for R2) W.P(MD)No.22351 of 2019 1.K.Rajalingam 2.K.Swaminathan 3.K.Ayyappan 4.K.Chidambaramalingam 5.K.Ramasamy 6.R.Sellappan 7.M.Ayyasamy 8.M.Ganesarathinam 9.M.Shanmugasundaram 10.M.Gangadharan ... Petitioners 1.District Revenue Officer, Karur District, Karur.

2.Arulmighu Rathinagiriswarar Temple, Rep. by its Executive Officer, Ayyarmalai, Sivayam, Kulithalai Taluk, Karur District.

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India, praying this Court to issue of Writ of Certiorari to call for the records comprised in Na.Ka.C3/15738/2014 dated 06.07.2019 on file of the 1st respondent and quash the same as being arbitrary, illegal and ultra vires the provisions of Tamil Nadu Patta Pass Book Act, 1983 and Tamil Nadu Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963.

For Petitioner Mr.Raguvaran Gopalan Spl. Govt. Pleader (for R1) Mr.P.Athimoolapandian (for R2) W.P(MD)No.22353 of 2019 1.S.Manickasundara Gurukkal 2.S.Chellappan 3.S.Nagarajan ... Petitioners 1.District Revenue Officer, Karur District, Karur.

2.Arulmighu Rathinagiriswarar Temple, Rep. by its Executive Officer, Ayyarmalai, Sivayam, Kulithalai Taluk, Karur District.

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India, praying this Court to issue of Writ of Certiorari to call for the records comprised in Na.Ka.C3/15733/2014 dated 06.07.2019 on file of 1st respondent and quash the same as being arbitrary, illegal and ultra vires the provisions of Tamil Nadu Patta Pass Book Act, 1983 and the Tamil Nadu Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963.

For Petitioner Mr.Raguvaran Gopalan Spl. Govt. Pleader (for R1) Mr.P.Athimoolapandian (for R2) W.P(MD)No.22359 of 2019 1.K.Rajalingam 2.K.Swaminathan 3.K.Ayyappan 4.K.Chidambaramalingam 5.K.Ramasamy 6.R.Sellappan 7.M.Ayyasamy 8.M.Ganesarathinam 9.M.Shanmugasundaram 10.M.Gangadharan ... Petitioners 1.District Revenue Officer, Karur District, Karur.

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2.Arulmighu Rathinagiriswarar Temple, Rep. by its Executive Officer, Ayyarmalai, Sivayam, Kulithalai Taluk, Karur District.

India, praying this Court to issue of Writ of declaration that the action of the 1st respondent and any person claiming to act under him or in pursuance of an order passed by the 1st respondent in cancelling the patta for S.Nos.55/5, 57, 66/2, 88/2, and 90/2 of Sathyamangalam village, Kulithalai Taluk, Karur District standing in the name of the petitioners as service doers of 2nd respondent temple as being arbitrary, illegal and ultra vires the provisions of Tamilnadu Patta Pass Book Act, 1983 and Tamilnadu Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963.

For Petitioner Mr.Raguvaran Gopalan Spl. Govt. Pleader (for R1) Mr.P.Athimoolapandian (for R2) W.P(MD)No.22548 of 2019 1.Ashok Sundarakumar 2.Selvam ... Petitioners 12/22

1.District Revenue Officer, Karur District, Karur.

2.Arulmighu Rathinagiriswarar Temple, Rep. by its Executive Officer, Ayyarmalai, Sivayam, Kulithalai Taluk, Karur District.

India, praying this Court to issue of a Writ of Certiorari to call for the records comprised in Na.Ka.C3/15744/2014 dated 10/07/2019 on file of the 1st respondent and quash the same as being arbitrary, illegal and ultra vires the provisions of Tamilnadu Patta Pass Book Act, 1983 and Tamil Nadu Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963.

For Petitioner Mr.Raguvaran Gopalan Spl. Govt. Pleader (for R1) Mr.P.Athimoolapandian (for R2) W.P(MD)No.22552 of 2019 1.Pitchumani 2.Sundaramoorthi 3.Dhandapani 4.Sadasivam ... Petitioners 13/22

1.District Revenue Officer, Karur District, Karur.

2.Arulmighu Rathinagiriswarar Temple, Rep. by its Executive Officer, Ayyarmalai, Sivayam, Kulithalai Taluk, Karur District.

India, praying this Court to issue of a Writ of Certiorari to call for the records comprised in Na.Ka.C3/15737/2014 dated 06/07/2019 on file of the 1st respondent and quash the same as being arbitrary, illegal and ultra vires the provisions of Tamilnadu Patta Pass Book Act, 1983 and Tamil Nadu Minor Inams(Abolition and Convesion into Ryotwari) Act, 1963.

For Petitioners Mr.Raguvaran Gopalan Spl. Govt. Pleader (for R1) Mr.P.Athimoolapandian (for R2) W.P(MD)No.22667 of 2019 1.S.R.Dakshinamoorthy 2.N.Rathinakumar 3.S.R.Subburathinam 4.S.R.Swaminathan 5.S.R.Saravanamanickam 6.S.Ganesa Gurukkal 14/22

7.D.Subburathinam 8.D.Pasupathi 9.D.Sivasankaran 10.C.Subramani 11.C.Rathinakumar 12.Shanmugasundaram ... Petitioners 1.District Revenue Officer, Karur District, Karur.

2.Arulmighu Rathinagiriswarar Temple, Rep. by its Executive Officer, Ayyarmalai, Sivayam, Kulithalai Taluk, Karur District.

India, praying this Court to issue of a Writ of declaration to declare that the action of the 1st respondent and any person claiming to act under him or in pursuance of an order passed by the 1st respondent in cancelling the patta for S.Nos. 9/1, 64/2, 62, 60, 88/1, 91/1 of Sathayamangalam Village, Kulithalai Taluk, Karur District, standing in the name of the petitioners as service doers of 2nd respondent temple as being arbitrary, illegal and ultra vires the provisions of Tamil Nadu Patta Pass Book Act, 1983 and Tamil Nadu Minoir Inams (Abolition and Conversion into Ryotwari) Act, 1963. For Petitioners Mr.Raguvaran Gopalan Spl. Govt. Pleader (for R1) Mr.P.Athimoolapandian (for R2) 15/22

W.P(MD)No.22671 of 2019 1.Pichumani 2.Sundaramoorthi 3.Dhandapani 4.Sadasivam ... Petitioners 1.District Revenue Officer, Karur District, Karur.

2.Arulmighu Rathinagiriswarar Temple, Rep. by its Executive Officer, Ayyarmalai, Sivayam, Kulithalai Taluk, Karur District.

India, praying this Court to issue of a Writ of declaration to declare that the action of the 1st respondent and any person claiming to act under him or in pursuance of an order passed by the 1st respondent in cancelling the patta for S.Nos.61, 63/3, 89/1 of Sathayamangalam Village, Kulithalai Taluk, Karur District standing in the name of the petitioners as service doers of 2nd respondent temple as being arbitrary, illegal and ultra vires the provisions of Tamil nadu Patta pass book Act, 1983 and Tamil Nadu Minoir Inams (Abolition and Conversion into Ryotwari) Act, 1963. For Petitioners Mr.Raguvaran Gopalan Spl. Govt. Pleader (for R1) Mr.P.Athimoolapandian (for R2) 16/22

W.P(MD)No.22892 of 2019 1.S.R.Dakshinamoorthy 2.N.Rathinakumar 3.S.R.Subburathinam 4.S.R.Swaminathan 5.S.R.Saravanamanickam 6.S.Ganesa Gurukkal 7.D.Subburathinam 8.D.Pasupathi 9.D.Sivasankaran 10.C.Subramani 11.C.Shanmugasundaram 12.Shanmugasundaram ... Petitioners 1.District Revenue Officer, Karur District, Karur.

2.Arulmighu Rathinagiriswarar Temple, Rep. by its Executive Officer, Ayyarmalai, Sivayam, Kulithalai Taluk, Karur District.

India, praying this Court to issue of a Writ of Certiorari to call for the records comprised in Na.Ka.C3/15732/2014 dated 06/07/2019 on file of the 1st respondent and quash the same as being arbitrary, illegal and ultra Vires the provisions of Tamilnadu Patta Pass Book Act, 1983 and Tamilnadu Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963.

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For Petitioners Mr.Raguvaran Gopalan Spl. Govt. Pleader (for R1) Mr.P.Athimoolapandian (for R2) COMMON ORDER [Order of the Court was made by S.M.SUBRAMANIAM, J.] When the matters are taken up for hearing, the learned counsel appearing for the Arulmighu Rathinagireeswarar Thirukovil Vickraham, Ayyarmalai, Kulithalai Taluk, Karur District submits that five hundred acres of land have been restored. In this regard, the Executive Officer of the Temple has filed a counter, wherein, in paragraph 6, it has been held as follows:

"6.It is submitted that as stated above nearly 500 acres of land have been restored to the possession of Arulmigu Rathinagireeswarar Thirukovil. Since all the lands in and around Ayyar Malai, Kulithalai Taluk, Karur District is belonging to the temple, the prayer made by the petitioner in the present writ petition is perfectly valid under law. The 2nd and 3rd respondents are fully known of the fact that Arulmigu Rathinagireeswarar Thirukovil is owning a vast area in Ayyar Malai, Kulithalai Taluk 18/22

and thereby the said temple is legally entitled to get patta as prayed in the present writ petition. Further, if the prayer in the present writ petition is allowed and the patta is granted in favour of temple, the same would prevent the encroachments by unscrupulous elements. Moreover, the same would protect the interest of the temple and devotees."

2. If at all any lands are left out and documents or evidence are available, then the competent authority of the H.R. and C.E. Department shall initiate the appropriate action and resume the temple lands and utilize them for the benefit of the temple and devotees in accordance with the Act and Rules.

3. Since 500 acres of the land have been resumed and the patta has also been changed in the name of the temple, no further adjudication is required. Hence, these writ petitions are disposed of. No costs. Consequently, connected miscellaneous petitions are closed. [S.M.S., J.] [A.D.M.C., J.] 23.07.2025 Index:Yes/No Internet:Yes/No NCC:Yes/No skn 19/22

To 1.The Joint Director Central Bureau of Investigation, Haddows Road, Nungambakkam, Chennai - 600 006.

2.The Additional Director General of Police, CBCID, Pantheon Road, Egmore, Chennai - 600 008 3.The Director Vigilance and Anti Corruption Department, No.293, MKN Road, Alanthur, Chennai - 600 016. 4.The Deputy Superintendent of Police, Vigilance and Anti Corruption Department, Karur, Karur District.

5.The Commissioner Hindu Religious and Charitable Endowment Department, Chennai.

6.The District Collector, Karur District, Karur 7.The District Revenue Officer, Kulithalai, Karur District.

8.Revenue Divisional Offficer, Kulithalai, Karur District.

9.The Joint Commissioner Of Hindu Religious and Charitable Endowment Department, Trichy.

10.The Executive Officer / Administrator, Arulmigu Rathinagireeswarar Thirukovil Vickraham, Ayyar Malai, Kulithalai Taluk, Karur District 20/22

11.The Tahsildar Kulithalai Taluk, Kulithalai, Karur District.

12.The Inspector of Police, Kulithalai Town Police Station, Kulithalai, Karur District.

13.The Thasildhar, Taluk Office, Kulithalai , Karur District.

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S.M.SUBRAMANIAM, J.

and DR.A.D.MARIA CLETE, J.

skn W.P(MD)Nos.9559 of 2019 & 16390 of 2020, 21190, 21199, 21202, 22333, 22351, 22353, 22359, 22548, 22552, 22667, 22671 & 22892 of 2019 and Connected Miscellaneous Petitions 23.07.2025 22/22