Tamilselvan v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 13/03/2025

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY WP(MD). No.13332 of 2024 Tamilselvan ... Petitioner Vs

1. The Commissioner, Hindu Religious and Charitable Endowment Department, Chennai - 600 034..

2. Inspector General of Registration, 100, Santhom High Road, Chennai..

3. The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Ellis Nagar (Near Bus Stop), Madurai - 625 016..

4. The District Collector, Dindigul District, Dindigul.

5. The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Pandian Nagar, 1st Street, Dindigul - 624 001..

6. The Executive Officer, Arulmigu Akobila Narsingaperumal Temple, Nilakottai Thaluk, Dindigul..

7. The District Registrar, Dindigul District, Dindigul..

... Respondents 1/6

PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to 1 to 6 recover the temple land Arulmigu Akobila Narasingaperumal Temple land situated at Nilakottai, Dindigul under Survey No.436/1, 436/2, 8, 69, 142, 212, 314, 337, 405, 407, 484, 505, 517, 521, 555, 560/1, 560/3 further cancel the documents if any registered before the 7th respondent office and cancelled the patta if any issued within the period that may be stipulated by this Court. For Petitioner : Mr.P.Manikandan For Respondents : Mr.P.Thilak Kumar Government Pleader for R1 to r5&R7 No appearance for R6

ORDER

(Order of the Court was made by S.SRIMATHY, J.) This writ petition has been filed for a direction to the respondents to 1 to 6 recover the temple land of Arulmigu Akobila Narasingaperumal Temple situated at Nilakottai, Dindigul under Survey Nos.436/1, 436/2, 8, 69, 142, 212, 314, 337, 405, 407, 484, 505, 517, 521, 555, 560/1, 560/3 further cancel the documents, if any registered before the 7th respondent office and cancel the patta if any issued within the period that may be stipulated by this Court.

2. The Learned Government Pleader on instructions submitted that the 2/6

respondents have taken effects to retrieve the lands from individuals and patta would be issued in the name of temple. Further submitted in some of the survey numbers already patta is issued in the name of the temple and the temple lands would be leased to raise the revenue of the temple. The Learned Government relied on the status report submitted by the 6th respondent. The relevant paragraphs of the status report are extracted hereunder: "4.I respectfully submit that, further with respect to the lands to an extent of 247 Acre 83 Cent in 93 survey numbers under 14 Revenue Villages several appeals have been preferred before the Revenue Divisional Officer, Dindigul and are pending. 5.I respectfully submit that the lands in Survey No.

436/1, 436/2, 8, 69, 142, 212, 314, 337, 405, 407, 484, 505, 517, 521, 555, 560/1, 560/3 of Munnilakattai belongs to the Arulmigu Perumal temple, out of which for the lands in Survey. No.436/1, 436/2, 142, 405, 407, 505, 517, 555, 560/18 560/3 alone the Patta stands in the name of the Temple and they have been surveyed and steps are being taken to bring them in Public Auction for lease to raise the revenue of the Temple. 6.I respectfully submit that the lands in Survey No. 560/1 & 560/3 of Munnilakottai Village surveyed and date for public auction fixed on 17.03.2025 7.

Nos.8, 69, 212, 314, 337, 484, 521 are standing in the name of individuals and appeals have been preferred to mutate the same in the name of the Temple. After mutation of Patta, they too will be surveyed and bring for lease by way of public auction. 8.I respectfully submit that, further, as found in Page 14 of the Booklet filed by the Petitioner, as early as on 02.01.2015 itself the 7th Respondent was instructed to abstain any registration with respect to the Temple lands as per the guidelines of the Government. All earnest efforts have been made to retrieve and restore the lands of the Temple. As the lands are repossessed, they will be surveyed and leased out by way of Public Auction."

3. The status report reveals that the respondents are considering the prayer in the writ petition and the same is under process. Therefore, considering the submissions and the status report, this Court is of the considered opinion that it is suffice if the respondents 1 to 5 and 7 are directed to complete the process. Accordingly, the respondents are directed to complete the process as stated in the status report within a period of 12 weeks from the date of receipt of a copy of this order. No costs.

[J.N.B.,J] [S.S.Y.,J] 13.03.2025 NCC : Yes/No Index : Yes/No RR 4/6

To

1. The Commissioner, Hindu Religious and Charitable Endowment Department, Chennai - 600 034..

2. Inspector General of Registration, 100, Santhom High Road, Chennai..

3. The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Elis Nagar (Near Bus Stop), Madurai - 625 016..

4. The District Collector, Dindigul District, Dindigul.

5. The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Pandian Nagar, 1st Street, Dindigul - 624 001..

6. The Executive Officer, Arulmigu Akobila Narsingaperumal Temple, Nilakottai Thaluk, Dindigul..

7. The District Registrar, Dindigul District, Dindigul.

5/6

J.NISHA BANU, J AND S.SRIMATHY, J.

RR

ORDER

IN WP(MD) No.13332 of 2024 Date : 13/03/2025 6/6