Sundaralingam. Nr v. The Secretary
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE N.R.Sundaralingam ... Petitioner Vs.
1.The Secretary, Secretariat, Fort St. George, Chennai-600 009.
2.The Commissioner, 119, Uthamar Gandhi Salai, Nungampakkam, Chennai-34.
3.The Special Commissioner, Commissioner of Land Reforms, Chepauk, Chennai-600 005.
4.The District Collector, The Collectorate, Tirunelveli, Tirunelveli District.
5.The District Collector, The Collectorate, Thoothukudi, Thoothukudi District.
6.The District Collector, The Collectorate, Kaniyakumari, Kaniyakumari District.
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7.The Joint Commissioner, Tirunelveli.
8.The Hereditary Trusty, Arulmigu Suyambulingam Swamy Tirukovil, Uvari Village, Tirunelveli District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to consider the petitioner's representation dated 07.06.2024 and further to direct the respondents to take appropriate steps to regularize temple welfare and temple revenues in the Arulmigu Suyambulinga Swamy Tirukovil, Uvari Village, Tisayanvillai Taluk, Tirunelveli District by restoring the temple properties which encumbered by the hereditary trustee against the law. For Petitioner :
Mr.V.Rajiv Rufus For RR1 to 7 :
Mr.P.Subbaraj Special Government Pleader For R8 :
Mr.V.Chandrasekar
O R D E R
[Order of the Court was made by S.M.SUBRAMANIAM, J.] The writ on hand has been instituted to direct the respondents to consider the petitioner's representation dated 07.06.2024 and further to direct the respondents to take appropriate steps to 2/6
regularize the welfare and revenues of the temple viz., Arulmigu Suyambulinga Swamy Tirukovil, Uvari Village, Tisayanvillai Taluk, Tirunelveli District by restoring the temple properties.
2. The learned counsel for the petitioner would mainly contend that the above said temple properties are not properly protected under the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (hereinafter referred to as "the HR & CE Act"). Large extent of temple properties are sold illegally in favour of certain private individuals and now, the authorities are attempting to cover up their mistakes.
3. The allegation raised by the petitioner requires an adjudication based on documents and evidences available on record. Such nature of disputes raised cannot be adjudicated in the present writ petition. If at all the petitioner is aggrieved, he has to approach the competent higher authority under the HR & CE Act or the civil Court, as the case may be.
4. As far as the present writ petition is concerned, the Joint Commissioner, Hindu Religious and Charitable Endowments Department, Tirunelveli in his counter has stated as follows: 3/6
"4. There is a mistake with regard to survey number in Mudumuthumozhi village, Thisayanvilai. Survey Number of the property is 50 and there is no Survey No.12 found place in the property register. Already Survey No.50 has been uploaded and there is no property in survey No.12 in that village. As per the property register survey No.50 is owned by the temple. That has been uploaded in the integrated monitoring system. Therefore temple administration now rectified the defects pointed out by the petitioner by uploading the details of the properties belonging to the suit temple. Therefore, grievance of the petitioner is redressed by the temple administration and therefore writ petition may be disposed of accordingly. It is further submitted that the representation of the petitioner will be considered by this respondent and will pass orders after affording reasonable opportunity to the writ petitioner and the Hereditary Trustee of the temple."
5. In view of the statement made by the Joint Commissioner, HR and CE Department, Tirunelveli, no further consideration is required in this writ petition and therefore, the petitioner is at liberty to approach the Commissioner, HR and CE Department, or the civil Court, as the case may be, with reference to the other allegations regarding alienation of temple property illegally in favour of private 4/6
individuals.
6. With the above liberty, this Writ Petition stands disposed of. There shall be no order as to costs.
[S.M.S., J.] [A.D.M.C., J.] 28.07.2025 Index:Yes Internet:Yes NCC:Yes/No abr To 1.The Secretary, Secretariat, Fort St. George, Chennai-600 009.
2.The Commissioner, 119, Uthamar Gandhi Salai, Nungampakkam, Chennai-34.
3.The Special Commissioner, Commissioner of Land Reforms, Chepauk, Chennai-600 005.
S.M.SUBRAMANIAM, J.
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and DR.A.D.MARIA CLETE, J.
abr 4.The District Collector, The Collectorate, Tirunelveli, Tirunelveli District.
5.The District Collector, The Collectorate, Thoothukudi, Thoothukudi District.
6.The District Collector, The Collectorate, Kaniyakumari, Kaniyakumari District.
7.The Joint Commissioner, Tirunelveli.
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