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. 2After the sixth respondent-temple was declared denominational, the fifth respondent issued an auction notice concerning the lands.
Source reference: p. 2The 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. 2He 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. 2–5Issues
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, 5Whether 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. 3–5Law 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. 5–6Section 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. 3No 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, 5Reasoning
The Court did not resolve the parties’ competing claims concerning ownership, possession, tenancy, or the applicability of the statutory protections.
Source reference: p. 5It 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. 5Accordingly, 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. 5Holding
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. 6No costs were ordered, and the connected miscellaneous petition was closed.
Source reference: p. 6Acts & 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
Original Court PDF
S.SAMPATH KUMARvsTHE COMMISSIONER
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