Sornam.R.S v. The Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :04.12.2025

CORAM

THE HONOURABLE MR.JUSTICE K.SURENDER W.P.(MD)No.17156 and 17327 of 2023 and WMP (MD) No.14542 of 2023 WP(MD) No.17156 of 2023 R.S.Sornam ... Petitioner(s) Vs.

1. The Director, Directorate of Survey and Settlement, Survey House, Chepauk, Chennai-5.

2. The Commissioner, Hindu Religious and Charitable Endowment Department, No. 119, Gandhi Salai, Nungambakkam, Chennai 600 034.

3. The Joint Commissioner, Endowment Department, 35/1a, Mela Radha Veedhi, Thoothukudi -2.

4. The Assistant Commissioner, Endowment Department, Thoothukudi -2.

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5. The Tahsildar, Srivaikuntam Taluk, Thoothukudi District.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents 1 and 5 to correct the mistake in Patta no. 31 by remove the temple name in patta which is relating to Ayan Punja land in Survey no. 100/1 admeasuring 0.16.0 Hec, Survey no. 100/3 admeasuring 6.92.5 Hec situated at Deivacheyalpuram Village, Murappanadu SRO, Palayamkottai Sub Registration limit, Palayamkottai Registration District, Srivaikuntam Taluk, Thoothukudi District, based on the petitioner's representation dated 01.06.2023.

For Petitioner :Mr.T.Selvan For Respondents :Mr.P.Subbaraj Spl. Government Pleader WP(MD) No.17327 of 2023 P.Shanmugavel ... Petitioner(s) Vs.

1. The Commissioner of Survey and Settlement, Survey House, Chepauk, Chennai - 5.

2. The Commissioner, Endowment Department, Nungambakkam, Chennai.

3. The Assistant Commissioner, Endowment Department, 2/7

Thoothukudi, Thoothukudi District.

4. The Thasildar, Srivaigundam Taluk, Thoothukudi District.

5. The Assistant Commissioner, Endowment Department, Thirunelveli.

6. The Fit Person/Executive Officer, A/m Chockanathar Swamy Kovil, Melaveeraraghavapuram, Thriunelveli Junction, Thirunelveli.

7. The Inspector of HR and CE, Srivaikundam Division, Thoothukudi District.

(R5 to R7 are impleaded vide Court order dated 04/09/2023 in WMP(MD).15365/2023 in WP(MD).17327/202) ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the 1st and 4th respondents to remove the marking of Temple Land and ban mentioned in the patta no.31 as far as survey nos. 33, 34/1b and 35/2 are concerned in Deivaseyalpuram Village, Srivaigundam Taluk, Thoothukudi District, provided in the internet https. //tamilnilam.tn.gov.in/Revenue/verifyCertificate.html and direct the 1st and 4th respondents to keep the revenue records without mentioning the survey nos.33, 34/1b and 35/2 as temple lands. For Petitioner :Mr.S.Madhavan For Respondents :Mr.P.Subbaraj Spl. Government Pleader 3/7

COMMON ORDER These writ petitions have been filed seeking issuance of a writ of mandamus, directing the respondents to remove the name of the temple from the patta relating to Ayan Punja land in Survey No. 100/1, admeasuring 0.16.0 hectares, and Survey No. 100/3, admeasuring 6.92.5 hectares, situated at Deivacheyalpuram Village, Murappanadu SRO, Palayamkottai Sub-Registration Limit, Palayamkottai Registration District, Srivaikuntam Taluk, Thoothukudi District and to maintain the revenue records without mentioning Survey Nos. 33, 34/1B, and 35/2 as temple lands.

2. Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents.

3. According to the learned counsel for the petitioners, the land belongs to a Trust, namely 'Seevalaperi Chatram'. However, the online records reflect the said land as "Temple land - banned". The grievance of the petitioners is that both submitted representations dated 01.06.2023 and 09.06.2023 to the official respondents and the same is still pending. 4/7

Aggrieved over the same, these writ petitions have been filed.

4. Learned Special Government Pleader, appearing for the respondents, submits that there is a rival claims in respect of the subject land and that the petitioners' representation could not be considered by the revenue authorities.

5.Considering the facts and circumstances of the case, I am of the view that the Tahsildar cannot decide who the actual owner of the property is and that such issues can be adjudicated only before the competent civil court. Accordingly, liberty is granted to the petitioners to work out their remedy before the competent civil court.

6. With these observations, these writ petitions stand disposed of . No costs. Consequently, connected miscellaneous petition is closed. (K.SURENDER, J) 04.12.2025 NCC :Yes/No Internet :Yes/No Index :Yes/No PKN 5/7

To

1. The Director, Directorate of Survey and Settlement, Survey House, Chepauk, Chennai-5.

2. The Commissioner, Hindu Religious and Charitable Endowment Department, No. 119, Gandhi Salai, Nungambakkam, Chennai 600 034.

3. The Joint Commissioner, Endowment Department, 35/1a, Mela Radha Veedhi, Thoothukudi -2.

4. The Assistant Commissioner, Endowment Department, Thoothukudi -2.

5. The Tahsildar, Srivaikuntam Taluk, Thoothukudi District.

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K.SURENDER, J.

PKN 04.12.2025 7/7