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2024 DAILYLAW 3426 (MAD)

R.KARMEGAKUMAR v. THE COMMISSIONER

WP/10503/2024 · 2026-03-18

M Dhandapani

Transfer Petitionbody2024

Judgment text

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W.P.No.10503 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 18.03.2026 CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.10503 of 2024 R.Karmegakumar ... Petitioner Vs. 1 THE COMMISSIONER HINDU RELIGIOUS CHARITABLE AND ENDOWMENTS DEPARTMENT, NO.119, UTHAMAR GANDHI SALAI, NUNGAMBAKKAM, CHENNAI – 600 034. 2 THE ASSISTANT COMMISSIONER, HINDU RELIGIOUS CHARITABLE END ENDOWMENTS DEPARTMENT, RAJAJI NAGAR, 3RD CROSS STREET, ROYAPETTA ROAD, KRISHNAGIRI DISTRICT. 3 THE INSPECTOR, HINDU RELIGIOUS CHARITABLE AND ENDOWMENTS DEPARTMENT, BARGUR – 635 104. 4 MEER AKTHAR ALI 5 THE DISTRICT REVENUE OFFICER, KRISHNAGIRI DISTRICT. (R5 – suo motu impleaded as per the order of this Court dated 18.03.2026 in W.P.No.10503 of 2024 by MDIJ) ... Respondents 1/6 https://www.mhc.tn.gov.in/judis W.P.No.10503 of 2024 Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 to 3 to take action against the fourth respondent and to recover the lands in Old Survey No.20/381, New Survey No.392/3, comprised in Senthapalli Village, to an extent of 5.35 acres, belonging to Kannan Perumal Temple from the fourth respondent and to restore the lands for the Temple and use the same for the Temple purpose. For Petitioner : Mr.P.Kannan Kumar For Respondents : Mr.N.R.R.Arun Natarajan for R1 to R3 Special Government Pleader Mr.M.Selvam for R4 O R D E R The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the respondents 1 to 3 to take action against the fourth respondent and to recover the lands in Old Survey No.20/381, New Survey No.392/3, comprised in Senthapalli Village, to an extent of 5.35 acres, belonging to Kannan Perumal Temple from the fourth respondent and to restore the lands for the Temple and use the same for the Temple purpose. 2.The learned counsel appearing for the petitioner submitted 2/6 https://www.mhc.tn.gov.in/judis W.P.No.10503 of 2024 that the land in Old Survey No.20/381, New Survey No.392/3 in Sentharapalli Village, Krishnagiri District, to an extent of 5.35 acres belong to Kannan Perumal Temple and the land in Old Survey No.588, New Survey No.392/4 in Sentharapalli Village, Krishnagiri District, to an extent of 50 cents belong to Ponni Amman Temple, however, the said lands were encroached by the fourth respondent and aggrieved by the same, the petitioner made representation to the respondents, pursuant to which, the third respondent addressed letter dated 29.02.2024 to the District Revenue Officer, Krishnagiri to restore the land as per the land development record to the system prevailed prior to the land development records scheme with respect to the land in New Survey No.392/4 to an extent of 50 cents, however, the third respondent did not send any proposal with respect to the land in New Survey No.392/3 to an extent of 5.35 acres, however, the District Revenue Officer, Krishnagiri, did not conduct any enquiry even in respect of the land in New Survey No.392/4 to an extent of 50 cents. 3.The learned counsel appearing for the petitioner further submitted that though the District Revenue Officer, Krishnagiri, is not arrayed as a party in this writ petition, this Court may suo motu implead District Revenue Officer, Krishnagiri, as the fifth respondent 3/6 https://www.mhc.tn.gov.in/judis W.P.No.10503 of 2024 and issue direction to the District Revenue Officer, Krishnagiri, to conduct enquiry in respect of the land in Old Survey No.20/381, New Survey No.392/3 to an extent of 5.35 acres and the land in Old Survey No.588, New Survey No.392/4 to an extent of 50 cents, hear the respondents 3 and 4 and to pass appropriate orders. 4.The learned Special Government Pleader appearing for the respondents 1 to 3 as well as the learned counsel appearing for the fourth respondent raise no objection for this Court considering the limited relief now sought for by the learned counsel appearing for the petitioner. 5.In view of the above, this Court suo motu impleads ‘The District Revenue Officer, Krishnagiri District’ as the fifth respondent in this writ petition. 6.The District Revenue Officer, Krishnagiri District/ fifth respondent is directed to conduct enquiry in respect of the land in Old Survey No.20/381, New Survey No.392/3 in Sentharapalli Village, Krishnagiri District, to an extent of 5.35 acres and the land in Old Survey No.588, New Survey No.392/4 in Sentharapalli Village, 4/6 https://www.mhc.tn.gov.in/judis W.P.No.10503 of 2024 Krishnagiri District, to an extent of 50 cents and also in terms of the letter of the third respondent dated 29.02.2024, hear the respondents 3 and 4, peruse the documents produced by the fourth respondent, and pass appropriate orders, within a period of twelve weeks from the date of receipt of a copy of this order. 7.The writ petition is disposed of with the above directions. No costs. 18.03.2026 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To 1 THE COMMISSIONER HINDU RELIGIOUS CHARITABLE AND ENDOWMENTS DEPARTMENT, NO.119, UTHAMAR GANDHI SALAI, NUNGAMBAKKAM, CHENNAI – 600 034. 2 THE ASSISTANT COMMISSIONER, HINDU RELIGIOUS CHARITABLE END ENDOWMENTS DEPARTMENT, RAJAJI NAGAR, 3RD CROSS STREET, ROYAPETTA ROAD, KRISHNAGIRI DISTRICT. 5/6 https://www.mhc.tn.gov.in/judis W.P.No.10503 of 2024 M.DHANDAPANI,J. pri 3 THE INSPECTOR, HINDU RELIGIOUS CHARITABLE AND ENDOWMENTS DEPARTMENT, BARGUR – 635 104. 4 THE DISTRICT REVENUE OFFICER, KRISHNAGIRI DISTRICT. W.P.No.10503 of 2024 18.03.2026 6/6 https://www.mhc.tn.gov.in/judis