Madras High Court
Administrative and Public LawProperty and Real Estate Law

Temple-land possession grievances should be submitted to the competent HR&CE authority for decision.

S.SAMPATH KUMAR vs THE COMMISSIONER

Madras High CourtJUDGMENT: October 07, 20262 MIN READSOURCE JUDGMENT
Temple-land possession grievances should be submitted to the competent HR&CE authority for decision.. S.SAMPATH KUMAR vs THE COMMISSIONER. Madras High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner claimed possession of specified lands in Sozhatharam village, asserting that his parents had purchased them and that he continued in possession as a cultivating tenant, paying lease rent to the fifth respondent.

Source reference: p. 2

After the sixth respondent-temple was declared denominational, the fifth respondent issued an auction notice concerning the lands.

Source reference: p. 2

The petitioner sought a mandamus restraining respondents 1 to 5 from interfering with or dealing with the property under the HR&CE Act.

Source reference: p. 2

He relied on an objection submitted to the fifth respondent on 5 August 2026; the respondents submitted that he should pursue the remedy available before the competent authority under the Act.

Source reference: pp. 2–5
02

Issues

Whether the petitioner was entitled to a writ of mandamus restraining respondents 1 to 5 from dealing with or interfering with the property

Source reference: pp. 2, 5

Whether the petitioner should first place his grievance before the competent authority under the HR&CE Act, rather than seek the requested relief directly under Article 226

Source reference: pp. 3–5
03

Law Applied

Article 226 empowers the High Court to grant public-law relief, but the Court declined to grant the requested restraint and directed the petitioner to pursue his grievance before the competent authority.

Source reference: pp. 5–6

Section 23 of the HR&CE Act was cited by the respondents as conferring general superintendence and control over temples and religious endowments on the Commissioner.

Source reference: p. 3

No precedent was cited, and the Court did not determine the petitioner’s status as a cultivating tenant or the applicability of either statute to the property.

Source reference: pp. 3, 5
04

Reasoning

The Court did not resolve the parties’ competing claims concerning ownership, possession, tenancy, or the applicability of the statutory protections.

Source reference: p. 5

It held that the petitioner’s grievance should be considered by the concerned authority under the HR&CE Act and observed that the fifth respondent, to whom the earlier objection had been sent, was not the competent authority to consider it.

Source reference: p. 5

Accordingly, the Court declined to grant the broad restraint sought and instead directed the petitioner to submit a fresh representation or objection to the competent authority, which must consider it after notice to the parties concerned.

Source reference: p. 5
05

Holding

The Court disposed of the writ petition without granting the requested mandamus.

The petitioner was permitted to submit a fresh representation or objection to the competent authority under the HR&CE Act, which was directed to consider it and pass appropriate orders after notifying the concerned parties.

Source reference: p. 6

No costs were ordered, and the connected miscellaneous petition was closed.

Source reference: p. 6
06

Acts & Sections Cited

1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.

TAMIL NADU HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS ACT, 19591

Madras High Court

Original Court PDF

S.SAMPATH KUMARvsTHE COMMISSIONER

Madras High Court · October 07, 2026

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