Madras High CourtProperty and Real Estate LawAdministrative and Public Law

Madras HC Gives HR&CE 12 Weeks To Decide Request To Sell 35.49 Acres Of Temple Land For Renovation

A.V.RAGUL RAMDASSv.The Commissioner,

Madras HC Gives HR&CE 12 Weeks To Decide Request To Sell 35.49 Acres Of Temple Land For Renovation. A.V.RAGUL RAMDASS vs The Commissioner,. Madras High Court. LawLens
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In brief

The question

1. Whether the respondents should be directed to consider and decide the petitioner’s representation seeking sanction under Section 34 for the proposed sale of Temple property.

The court held

The writ petition was disposed of with a direction to respondents 1 and 2 to consider the representation dated 14 July 2026 and pass appropriate orders on its merits and in accordance with law, after notice, enquiry, and an opportunity of hearing to all concerned, within twelve weeks from receipt of the order.

It also directed

The Court expressed no opinion on the merits of the petitioner’s claim; no costs were awarded.

01Facts

The petitioner claimed to be the successor Hereditary Trustee of Arulmigu Venugopalaswamy Thirukoil, which owns agricultural properties endowed under a registered Will. He asserted that lease income was insufficient to fund the Temple’s repair and reconstruction, and proposed selling approximately 35.49 acres under Section 34 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, depositing the sale proceeds in nationalised banks and using only the interest for Temple purposes.

pp. 3–4

He submitted a representation dated 14 July 2026 seeking sanction, but no order had been passed. He therefore sought a direction for its consideration, without asking the Court to determine the disputed hereditary trusteeship.

pp. 4–5

02Issues

i.1. Whether the respondents should be directed to consider and decide the petitioner’s representation seeking sanction under Section 34 for the proposed sale of Temple property.

pp. 2, 4–5

ii.2. Whether that consideration should be conducted through notice, enquiry, and an opportunity of hearing to all concerned.

p. 5

03Law Applied

Section 34 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, governs the proposed alienation of the Temple’s immovable property; the petitioner also relied on the Alienation of Immovable Property of the Religious Institutions Rules, 2025.

pp. 2–3

The Court directed that the representation be considered on its merits and in accordance with law, after notice, enquiry, and an opportunity of hearing to all concerned.

p. 5

Provisions in the judgment · 1 · Linked ones open on LawLens

TAMIL NADU HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS ACT, 1959 Section 34

04Reasoning

The Court treated the matter as a request for time-bound consideration, not as an adjudication of the proposed sale or the petitioner’s disputed trusteeship.

p. 5

The Government Advocate stated that the authorities would consider the representation if a time limit were fixed. Accordingly, the Court left the merits to the statutory authorities, while requiring them to follow a fair process and decide the application within twelve weeks.

p. 5

05Holding

The writ petition was disposed of with a direction to respondents 1 and 2 to consider the representation dated 14 July 2026 and pass appropriate orders on its merits and in accordance with law, after notice, enquiry, and an opportunity of hearing to all concerned, within twelve weeks from receipt of the order.

p. 5

The Court expressed no opinion on the merits of the petitioner’s claim; no costs were awarded.

p. 5
Madras High Court

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A.V.RAGUL RAMDASSvsThe Commissioner,

Madras High Court · November 02, 2026

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