R.MAYAVAN vs THE COMMISSIONER
- Court
- Madras High Court
WP No. 44653 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03-11-2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE R.RAJESH VIVEKANANTHAN
WP No. 44653 of 2026
CNR:{HCMA012582912026}
AND
WMP Nos. 50141and 50144 OF 2026
R.Mayavan
S/o.Renganathan,
Residing at Durga Typewriting Institute,
84-A-1, Azhagappa Nagar,
3rd Cross Street, College Road,
Ariyalur Taluk and District.
..Petitioner
Vs
1. The Commissioner
Hindu Religious and Charitable Endowments
Department, Chennai- 600 034.
2. The Joint commissioner
Hindu Religious and Charitable Endowments
Department, Cuddalore- 607 001.
3. The Assistant Commissioner
Hindu Religious and Charitable Endowments
Department, Ariyalur.
4. The Executive Officer
Arulmigu Alanduraiyar Kodandarama Swamy
Temple, Ariyalur.
5. The District Collector
Ariyalur District,Ariyalur.
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6. The Revenue Divisional Officer
Ariyalur.
7. The Tahsildar
Ariyalur Taluk, Ariyalur.
..Respondents
Prayer : Writ Petition under Article 226 of the Constitution of India praying for
a Writ of Certiorarified Mandamus calling for the records relating to the
impugned proceedings of the 2nd Respondent bearing Ref. No. Se.Mu.Na.Ka.
2297/ 2021/ A4, dated 28.11.2025, passed in M.P.No. 76 of 2021 under
Section 78 of the Tamil Nadu Hindu Religious and Charitable Endowments
Act, 1959, together with the consequential proceedings taken pursuant
thereto, and quash the same as illegal, arbitrary, contrary to law and
unsustainable, consequently, direct respondents 1 to 4 to restore and protect
the petitioners possession and enjoyment of the subject property comprised
in survey No.281/20, subsequently described as Natham New Survey
No.281/20B, measuring approximately 1,442.36 square feet and covered by
Natham Patta No.4382, by restoring the property, insofar as Practicable to
the position prevailing prior to the consequential action taken on
27.08.2026, including restoration of the demolished compound wall,
appropriate relief in respect of the removed trees, and removal of the HR
and CE/Temple board placed on the property .
For Petitioner(s): Ms.D.E.Anisree Sangavi
For Respondent(s): Mr.D.Yashwanthrajan
Government Government Advocate for R 1-4
Ms.R.K.Varshini
Governmet Advoccate For R 5-7
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WP No. 44653 of 2026
Order
(Order of the Court was made by S.M.Subramaniam J.)
The final order issued under Section 78 of the HR and CE Act by the Joint
Commissioner vide proceedings dated 28.11.2025 is under challenge in the
present writ petition. The subject property is situated at Ward No.5, Rajaji
Nagar, Ariyalur 621 713. The petitioner claims that he purchased the
property under a registered sale deed dated 07.10.2020 bearing Door
No.1855 of 2020. He is in possession and claiming title over the subject
property.
2. Learned counsel for the petitioner would submit that the petitioner is in
possession and enjoyment of the property and the Patta also has been
transferred in his name. Therefore, the actions initiated under Section 78 of
the HR and CE Act is untenable.
3. Learned Government Advocate would oppose by stating that the
subject property belongs to temple viz., Arulmighu Alanduraiyar
Kothandaramaswamy Temple, Ariyalur. Since the temple property was under
encroachment, eviction proceedings are initiated under Section 78 of the HR
and CE Act. After conducting enquiry and by affording opportunity to the
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petitioner, final order under Section 78 was passed by the Joint
Commissioner. The temple authorities had already taken possession of the
property and therefore the present writ petition is to be rejected. Admittedly,
the petitioner has not preferred any statutory appeal as contemplated under
Section 21 of the Act.
4. This Court has considered the rival submissions made between the
parties to the lis.
5. In respect of temple properties, deity is the owner of the property and
the deity being a minor, High Court has to exercise Parens Patriae jurisdiction
to protect the interest of the minor deity. In the present case, the temple
authorities identified encroachment and illegal alienation of temple properties
by third parties. Thus, eviction proceedings under Section 78 of the Act was
initiated. By conducting enquiry, encroachers are already evicted and as of
now the temple authorities had taken possession of the property. Pertinently,
the writ petitioner has instituted a civil suit for declaration in O.S.No.73 of 2026
on the file of the Principal District Judge, Ariyalur. During the pendency of the
suit claiming declaratory relief, the present writ petition is not entertainable.
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6. Though the petitioner relied on the sale deed, the respondents would
submit that the temple properties were illegally alienated by executing some
documents. However, the respondents had not made it clear whether any
criminal action has been initiated against the perpetrators of the crime, who
have dealt with temple properties in an illegal manner. Whenever temple
properties are alienated illegally, it constitutes an offence under criminal law
and the temple authorities are expected to file a complaint for prosecuting the
offenders. Any lapse on the part of the temple authorities in this regard is to
be viewed seriously. Omission on the part of the authorities to perform their
public duties is punishable and such authorities are liable to be subjected to
departmental disciplinary proceedings.
7. In the present case, the petitioner relies on a sale deed. Learned
Government Advocate would submit that such illegal alienations are null and
void. Therefore, the persons who have committed such offences are to be
prosecuted. The petitioner has not preferred any statutory appeal as
contemplated under the Act, but instituted a civil suit for declaration.
Therefore, the present writ petition is unnecessary. Parallel proceedings are
not maintainable and at the first instance, the petitioner has to establish his
civil right. High Court, in exercise of the powers of judicial review cannot
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adjudicate the disputed facts of civil nature and such adjudication are to be
done in a trial nature proceedings. In the present case, temple authorities had
already taken possession of the property and therefore the said property is to
be utilised for the benefit of the temple as per the manner contemplated under
the Act and Rules in force.
8. In view of the above facts and circumstances, the petitioner has not
established any semblance of right for entertaining the writ petition and the
same stands dismissed. No costs. Consequently, connected miscellaneous
petitions are closed.
(S.M.S.,J.) (R.R.V.,J.)
03-11-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
KST
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WP No. 44653 of 2026
To
1. The Commissioner
Hindu Religious and Charitable Endowments
Department, Chennai- 600 034.
2. The Joint commissioner
Hindu Religious and Charitable Endowments
Department, Cuddalore- 607 001.
3. The Assistant Commissioner
Hindu Religious and Charitable Endowments
Department, Ariyalur.
4. The Executive Officer
Arulmigu Alanduraiyar Kodandarama Swamy
Temple, Ariyalur.
5. The District Collector
Ariyalur District,Ariyalur.
6. The Revenue Divisional Officer
Ariyalur.
7. The Tahsildar
Ariyalur Taluk, Ariyalur.
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WP No. 44653 of 2026
S.M.SUBRAMANIAM J.
AND
R.RAJESH VIVEKANANTHAN J.
KST
WP No. 44653 of 2026
03-11-2026
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