T.V Balakrishnan Pillai Family Trust v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.09.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)Nos.19574 to 19576 of 2025 T.V.Balakrishnan Pillai Family Trust, Represented by its Hereditary Trustee namely R.Ananthakrishnan, S/o.T.V.Radhakrishnan, No.155/112, North Andar Street, Trichy 2.

... Petitioner Vs.

1.The Commissioner, Hindu Religious Charitable and Endowments Department, Chennai.

2.The Joint Commissioner, Hindu Religious Charitable and Endowments Department, Trichy.

3.The Executive Officer, A/M Vallalakanda Ayyanar Thirukkovil, Gundurm Thiruverumbur Taluk, Trichy District.

... Respondents 1/4

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records pertaining to the impugned notice issued by the third respondent dated 20.08.2025 with regard to public auction of the petitioner trust properties scheduled to be held on 10.09.2025 and quash the same as illegal and unconstitutional.

For Petitioner : Mr.B.Jameelarasu For Respondents : Mr.P.Subbaraj Special Government Pleader

ORDER

Heard the learned counsel appearing for the writ petitioner and the learned Special Government Pleader appearing for the respondents. 2.The petitioner challenges the impugned auction notice issued by the third respondent.

3.When the matter was taken up for hearing, the learned Special Government Pleader clarified that the auction proposed to be held on 10.09.2025 has since been postponed. He also produced a copy of the 2/4

extract from the re-settlement register, which indicates that the property stands in the name of the temple.

4.The learned counsel for the petitioner, on the other hand, relies on the judgment and decree made in O.S.No.1747 of 1971 on the file of the District Munsif Court, Trichy. From a look at the cause title of the judgment dated 20.02.1974, it is seen that the temple is not a party. Unless the petitioner trust is able to establish its title over the property in question, they cannot restrain the respondents from dealing with the property. The petitioner's case will have to be proved only before the jurisdictional civil Court.

5.Granting such liberty, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 12.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No MGA 3/4

G.R.SWAMINATHAN, J.

MGA To 1.The Commissioner, Hindu Religious Charitable and Endowments Department, Chennai.

2.The Joint Commissioner, Hindu Religious Charitable and Endowments Department, Trichy.

3.The Executive Officer, A/M Vallalakanda Ayyanar Thirukkovil, Gundurm Thiruverumbur Taluk, Trichy District.

Copy to The District Munsif Court, Trichy.

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