Arulmigu Soundamman Thirukoil v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR Arulmigu Soundamman Thirukoil through its Managing Trustee, C.Balasubramanian.

...

Petitioner Vs 1 The Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment Department, Nungambakkam, Chennai.

2 The Joint Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment Department, 3 The District Revenue Officer, 4 The Thasildar, ...

Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus, directing the respondents 3 and

4 to issue patta in respect of the property comprised in S.No.178 Soundamman Koil Street, Dindigul, in the name of Arulmigu Soundamman Koil, Dindigul, in the light of the circular, dated 13.10.2021, in Na.Ka.No. 29378/2015 M3, on the file of the 1st respondent, recognizing the long established possession, on the basis of the representation, dated 10.12.2024. For Petitioner :

Mr.R.G.Shankar Ganesh For Respondents 1 & 2 : Mr.M.Gangatharan, Govt. Advocate.

For Respondents 3 & 4 : Mrs.K.Malathi, Addl. Govt. Pleader.

ORDER

The petitioner herein seeks a direction to respondents 3 and 4 to issue patta in respect of the property comprised in S.No.178, Soundamman Koil Street, Dindigul, in the name of Arulmigu Soundamman Koil, Dindigul, in the light of the circular, dated 13.10.2021, in Na.Ka.No. 29378/2015 M3, on the file of the 1st respondent.

2. According to the petitioner, the entire extent of land in Survey No.178 is classified as Government Poramboke land and the same is under the control of Arulmigu Soundamman Koil, Dindigul. It is also stated that the temple is situated in a portion of the said land and the remaining portion is

under the control of the temple. The petitioner submitted a representation before the fourth respondent on 19.10.2024, seeking issuance of patta in the name of the temple, by relying on the circular issued by the first respondent, dated 13.10.2021, but, the same has not been considered. Hence, the petitioner has come forward before this Court by way of this Writ Petition.

3. Mr.M.Gangatharan, Government Advocate, takes notice for respondents 1 and 2 and Mrs.K.Malathi, Additional Government Pleader, for respondents 3 and 4.

4. A reading of the circular relied on by the learned counsel for the petitioner would indicate that the first respondent addressed a letter to the Government, seeking a clarification from the Government, regarding issuance of patta in respect of the lands under the control of the temple and the same has been under active consideration of the Government. However, the petitioner did not produce any material to show that pursuant to the letter addressed by the first respondent, the Government issued any orders for issuance of patta in respect of the temple - poromboke lands in favour of the respective temples.

5. Under these circumstances, this Court is not inclined to issue any positive direction to the respondents to issue patta in the name of the petitioner temple. However, without going into the merits of the claim made

by the petitioner, the fourth respondent is directed to consider the representation of the petitioner, dated 19.10.2024, on its own merits and pass final orders within a period of eight weeks from the date of receipt of copy of this order.

6. Writ Petition is disposed of accordingly. No costs. 02.06.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No dixit To:

1 The Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment Department, Nungambakkam, Chennai.

2 The Joint Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment Department,

3 The District Revenue Officer, 4 The Thasildar,

S.SOUNTHAR, J.

dixit 02.06.2025