PRABHAKARAN KOTHANDAM CINGARAM vs THE DISTRICT COLLECTOR

Court
Madras High Court

WP No. 42080 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13-10-2026
CORAM
THE HON'BLE MR.JUSTICE K. SURENDER
WP No. 42080 of 2026
and
WMP Nos.47226 & 47231 of 2026
Prabhakaran Kothandam Cingaram
..Petitioner(s)
S/o. Kothandam Cingaram,
Vs
1. The District Collector
Chengalpet District -603 305
2. The Commissioner,
O/o. Department of Hindu Religious and
Charitable Endowment,
119 Uthamar Gandhi Road,
Thousand Light West,
Nungambakkam, Chennai-600 034
3. The Joint Commissioner
O/o. Department of Hindu Religious and
Charitable Endowment, Chengalpet.
4. The Assistant Commissioner
O/o. Department of Hindu Religious and
Charitable Endowment, Chengalpet.
5. The Executive Officer,
Sri Shenbagashwarar Kovil,
nattham,
Revenue No.101
Parameshwaramangalam Village,
Vepenchery Post, Cheyyur Taluk,
Chengalpet-603 305
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WP No. 42080 of 2026
6. Sri Shenbegashwarar Kovil
Rep. by its Trustees
Nattham,
Revenue No.101
Parameshwaramangalam Village,
Vepenchery Post,
Cheyyur Taluk,
Chengalpet-603 305
..Respondent(s)
Prayer :_ This writ petition filed under Article 226 of the Constitution of
India to issue a writ of certiorarified mandamus to call for the records relating to
the Auction Notice dated 28.09.2026 issued by the 4th Respondent proposing to
conduct auction on 15.10.2026 in respect of the property comprised in Survey
No.290 measuring an extent of 5 acres, situated at Cheyyur Taluk,
Parameshwaramangalam village, Chengalpet District, which is the subject
matter of O.S. No.14 of 2024 pending on the file of the District Munsif cum
Judicial Magistrate Court, Cheyyur and quash the same insofar as the said
property is concerned and consequently restrain the respondents from
conducting the proposed auction on 15.10.2026 or otherwise creating any third
-party rights, leasehold rights, encumbrance or possession in respect of the said
property pending disposal of O.S. No.14 of 2024.
For Petitioner(s): Mr. R.Krishnamurthy
For Respondent(s): Mr. N.Alagu Narayanan,
A.G.P., H.R & C.E., for R2 to R4
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WP No. 42080 of 2026
ORDER
This writ petition has been filed seeking to quash the auction notice dated
28.09.2026 issued by the fourth respondent, proposing to auction the property
measuring 5 acres in Survey No.290, situated at Cheyyur Taluk,
Parameshwarangamangalam Village, Chengalpet District, which is the subject
matter of O.S.No.14 of 2024 pending before the District Munsif cum Judicial
Magistrate Court, Cheyyur, and consequently, to restrain the respondents from
conducting the auction or creating any third-party rights over the property
pending disposal of the suit.
2. The case of the petitioner is that the subject property belonged to his
grand father, who executed a registered Will dated 14.08.1991 in favour of the
petitioner, vide Document No.28/1991. The petitioner claims to be in
possession of the property and to have used it for agricultural purposes for
several decades. While O.S.No.14 of 202 is pending before the District Munsif
Court, Cheyyur, the fourth respondent issued the impugned auction notice dated
28.09.2026, proposing to auction the property on 15.10.2026. Hence, the
petitioner has filed the present petition.
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WP No. 42080 of 2026
3. The learned counsel for the petitioner would submit that the petitioner
claims rights over the property, which is proposed to be auctioned for lease on
15.10.2026. The petitioner has already filed O.S.No.14 of 2014 before the
District Munsif Court, Seiyyur and an application seeking an interim injunction
is pending before the said Court.
4. The learned Additional Government Pleader appearing for the
respondents 2 to 4 would submit that the auction relates to a total extent of 11
acres of temple land. No interim stay has been granted in the suit filed by the
petitioner, and the temple has also filed a counterclaim. The patta and revenue
records stands in the name of the temple, which proposes to auction the lands
for lease.
5. Considering the facts and circumstances of the case and the
submissions made on either side, this Court is of the view that the petitioner
may seek appropriate relief before the Civil Court. Therefore, no order
restraining the auction scheduled for 15.10.2026 can be granted. Since the
petitioner’s grievance is already pending before the Civil Court, the Civil Court
is directed to dispose of the application expeditiously. The out come of the
auction and also the rights of the petitioner can be decided by the Civil Court.
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WP No. 42080 of 2026

6. With the above observations and directions, this writ petition is
disposed of. Consequently, connected miscellaneous petitions are closed.
13-10-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
MRP
To
1. The District Collector
Chengalpet District -603 305
2. The Commissioner
O/o. Department of Hindu Religious and
Charitable Endowment,
119 Uthamar Gandhi Road,
Thousand Light West,
Nungambakkam, Chennai-600 034
3. The Joint Commisisoner
O/o. Department of Hindu Religious and
Charitable
Endowment, Chengalpet.
4. The Assistant Commissioner
O/o. Department of Hindu Religious and
Charitable
Endowment, Chengalpet.
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WP No. 42080 of 2026
5. The Executive Officer
Sri Shenbagashwarar Koil,
nattham,Revenue No.101
Parameshwaramangalam Village,
Vepenchery Post,
Cheyyur Taluk,
Chengalpet-603 305
6. Sri Shenbegashwarar Kovil
Rep. by its Trustees
nattham, Revenue No.101
Parameshwaramangalam Village,
Vepenchery Post,
Cheyyur Taluk,
Chengalpet-603 305
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WP No. 42080 of 2026
K.SURENDER, J.
MRP
WP No. 42080 of 2026
13-10-2026
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