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2025 DAILYLAW 100620 (MAD)

T.R.DHAMODHARA PERUMAL v. THE COMMISSIONER

WP/35595/2025 · 2025-09-18

M Dhandapani

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.No.35595 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 18.09.2025 CORAM : THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P.No.35595 of 2025 T.R.Dhamodhara Perumal ... Petitioner Vs. 1.The Commissioner, Hindu Religious & Charitable Endowments Department, No.119, Uthamar Gandhi Road, Thousand Lights West Road, Chennai – 600 034. 2.The Joint Commissioner, Hindu Religious & Charitable Endowments Department, No.68, E.V.K. Sampath Maaligai, 9th Floor, College Road, Chennai – 600 006. 3.The Assistant Commissioner, Hindu Religious & Charitable Endowments Department, No.68, E.V.K. Sampath Maaligai, 9th Floor, College Road, Chennai – 600 006. 4.The Executive Officer (Grade II), No.5, South Mada Veethi, Choolai, Chennnai – 600 112. 5.Subramani, Head, Stage Security Commmittee, Sri Kailasanathar Sivan Temple Office, Page No.1 of 6 https://www.mhc.tn.gov.in/judis W.P.No.35595 of 2025 Perumal Kovil Street, Natesan Nagar, Madhavaram, Chennai – 600 060. 6.Sundarrajan, Head, Stage Security Committee, Sri Karivartharaja Perumal Temple Office, Perumal Koil Street, Natesan Nagar, Madhavaram, Chennai – 600 060. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 to 4 to forthwith initiate and complete proceedings for the removal of encroachments from the temple lands comprised in Survey Nos.961 and 962, measuring in total 1 acre and 15 cents belonging to Sri Karivartharaja Perumal Temple and Sri Kailasanathar Sivan Temple and to restore possession of the said lands to the temple administration, by taking appropriate action in accordance with law. For Petitioner : Mr.K.Manickam For Respondents : Mr.S.Ravichandran Additional Government Pleader [R1 to R4] Notice dispensed with [R5 & R6] ***** ORDER This Writ Petition has been filed by the petitioner seeking for a Writ of Mandamus, to direct the respondents 1 to 4 to forthwith initiate and complete proceedings for the removal of encroachments from the temple lands comprised in Survey Nos.961 and 962, measuring in total 1 Page No.2 of 6 https://www.mhc.tn.gov.in/judis W.P.No.35595 of 2025 acre and 15 cents belonging to Sri Karivartharaja Perumal Temple and Sri Kailasanathar Sivan Temple and to restore possession of the said lands to the temple administration, by taking appropriate action in accordance with law. 2. Since no adverse order has been passed against the respondents 5 and 6, notice to the respondents 5 and 6 is dispensed with. 3. Mr.S.Ravichandran, learned Additional Government Pleader, accepts notice on behalf of the respondents 1 to 4. In view of the consent expressed by the learned counsel for the parties, this writ petition is taken up for final disposal at the stage of admission itself. 4. The case of the petitioner is that he is a devotee of the Sri Karivartharaja Perumal Temple and Sri Kailasanathar Sivan Temple. The temple lands comprised in Survey Nos.961 and 962, measuring to an extent of 1 acre and 15 cents belonging to the said temple were encroached by private individuals. In order to restore the possession of the said lands to the temple administration, the petitioner made several representations before the official respondents and other authorities. Till Page No.3 of 6 https://www.mhc.tn.gov.in/judis W.P.No.35595 of 2025 date, no action has been taken by the respondent-HR & CE Department. Therefore, the petitioner has filed the present writ petition before this Court for appropriate orders. 5. Though very many grounds have been raised in this writ petition, the learned counsel for the petitioner submits that, it would suffice, if this Court, issues a direction to the respondents 1 to 4 to initiate and complete proceedings for the removal of encroachments from the temple lands comprised in Survey Nos.961 and 962 belonging to the said temples and to restore possession of the said lands to the temple administration, by taking appropriate action in accordance with law, within a time frame that may be fixed by this Court. 6. 6. In view of the limited request sought for by the learned counsel for the petitioner, this Court, without going into the merits of the case, directs the respondents 1 to 4 to consider the petitioner's representation dated 14.08.2025, on merits and in accordance with law and pass appropriate orders, within a period of twelve (12) weeks from the date of receipt of a copy of this order, if not already disposed of. Page No.4 of 6 https://www.mhc.tn.gov.in/judis W.P.No.35595 of 2025 7. With the above directions, this Writ Petition is disposed of. No costs. 18.09.2025 Index : Yes / No Speaking order / Non-speaking order Neutral Citation Case : Yes / No sp To 1.The Commissioner, Hindu Religious & Charitable Endowments Department, No.119, Uthamar Gandhi Road, Thousand Lights West Road, Chennai – 600 034. 2.The Joint Commissioner, Hindu Religious & Charitable Endowments Department, No.68, E.V.K. Sampath Maaligai, 9th Floor, College Road, Chennai – 600 006. 3.The Assistant Commissioner, Hindu Religious & Charitable Endowments Department, No.68, E.V.K. Sampath Maaligai, 9th Floor, College Road, Chennai – 600 006. 4.The Executive Officer (Grade II), No.5, South Mada Veethi, Choolai, Chennnai – 600 112. Page No.5 of 6 https://www.mhc.tn.gov.in/judis W.P.No.35595 of 2025 M.DHANDAPANI, J. sp W.P.No.35595 of 2025 18.09.2025 Page No.6 of 6 https://www.mhc.tn.gov.in/judis