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Madras High CourtWP(MD)/14990/2025dismissed

V.Kathirvelsamy v. The Commissioner

2025-06-03Honourable Mr Justice S. Sounthar6 pages

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 03.06.2025

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR and W.M.P.(MD) No.11208 of 2025 V.Kathirvelsamy ... Petitioner Vs

1. The Commissioner, Hindu Religious and Charitable Endowments Department, No. 119, Uthamar Gandhi Salai, Nungambakkam, Chennai - 600034.

2. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Survey Number 542/30, Plot No. 49, M.R. S Nagar, Mullipadi, Seelapadi, Dindugal - 624005.

3. The Inspector, Hindu Religious and Charitable Endowments Department, Nilakottai Taluk, Dindigul District.

4. The Tahsildar, Nilakottai Taluk, Dindigul District.

5. S.Kalaivani ... Respondents 1/6

PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the impugned order in Na.Ka.No.63.93/2024/AA5 dated 28.03.2025 passed by the 4th respondent and quash the same as illegal and direct the respondent to grant patta in the name of the Sri Arulmigu Anjaneya Temple, situated at Sitharkal Village, Ulkadai S Metupatti Village Survey No. 300/2 admeasuring 1.58 acres within a period stipulated by this Court.

For Petitioner : Mr.Chamundi Bose For Respondents : Mr.M.Gangatharan, Govt. Advocate for R1 to R3 Mr.A.Baskaran, Addl. Govt. Pleader for R4

O R D E R

This Writ Petition has been filed challenging the order passed by the 4th respondent dismissing the application filed by the petitioner seeking issuance of patta in respect of the land situate in Survey No. 300/2, Sitharkal Village, Nilakottai Taluk, Dindigul District, with an extent of 64 ares.

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2. Heard the arguments of the learned counsel for the petitioner, Mr.M.Gangatharan, learned Government Advocate, who takes notice for the respondents 1 to 3 and Mr.A.Baskaran, learned Additional Government Pleader, who takes notice for the fourth respondent. In view of the order proposed to be passed in this Writ Petition, which would not cause any prejudice to the 5th respondent, notice to her is dispensed with. By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself.

3. According to the petitioner, the petitioner claims himself as the hereditary trustee of Sri Arulmigu Aanjaneyar Temple situate in the subject land with an extent of 21 cents. The petitioner submitted an application before the 4th respondent seeking issuance of patta. The 4th respondent rejected the request of the petitioner on the ground that the subject property has been already classified as Temple poramboke and the said Aanjaneyar Temple mentioned by the petitioner is situated in a portion of the property with an extent of 8.5 cents alone. Since the subject property has been already classified as Temple poramboke, the 4th respondent rejected the request of the petitioner for issuance of patta. 3/6

Aggrieved by the same, the petitioner has come before this Court.

4. Against the order passed by the 4th respondent, rejecting the application filed by the petitioner seeking issuance of patta, the petitioner has got a remedy of appeal before the Revenue Divisional Officer and thereafter, the petitioner has also got a remedy of revision before the District Revenue Officer. Since the petitioner has got effective alternative remedy before the hierarchy of the authorities, the present Writ Petition filed by the petitioner without availing the alternative remedy of appeal is not maintainable.

5. Accordingly, this Writ Petition is dismissed. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

03.06.2025 Index: Yes/No Internet: Yes/No vsm 4/6

To

1. The Commissioner, Hindu Religious and Charitable Endowments Department, No. 119, Uthamar Gandhi Salai, Nungambakkam, Chennai - 600034.

2. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Survey Number 542/30, Plot No. 49, M.R. S Nagar, Mullipadi, Seelapadi, Dindugal - 624005.

3. The Inspector, Hindu Religious and Charitable Endowments Department, Nilakottai Taluk, Dindigul District.

4. The Tahsildar, Nilakottai Taluk, Dindigul District.

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S.SOUNTHAR, J.

vsm W.P (MD) No.14990 of 2025 03.06.2025 6/6