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2025 DAILYLAW 105764 (MAD)

THONDAI MANDALA SAIVA VELALAR DHARUMA PARIBALANA SABAI v. THE COMMISSIONER

WP/36524/2025 · 2025-09-23

M Dhandapani

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.No.36524 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 23.09.2025 CORAM : THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P.No.36524 of 2025 and W.M.P.Nos.40812 & 40814 of 2025 Thondai Mandala Saiva Velalar Dharuma Paribalana Sabai, (Reg.No.173/1999). Rep. by its Secretary, Mr.M.Paramasivam, No.18/32, Thirunavukkarasar Street, Tiruvannamalai Town – 606 601. ... Petitioner Vs. 1.The Commissioner, Hindu Religious and Charitable Endowment Department, No.119, Uthamar Gandhi Road, Nungambakkam, Chennai – 600 034. 2.The Joint Commissioner/Executive Officer, Hindu Religious and Charitable Endowment Department, Gandhi Nagar, Tiruvannamalai – 606 601. 3.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Thiruvoodal Street, Tiruvannamalai – 606 601. 4.Thakkar/Inspector, Page No.1 of 6 https://www.mhc.tn.gov.in/judis W.P.No.36524 of 2025 Arulmigu Nandavanam Kattalai, Hindu Religious and Charitable Endowment Department, Gandhi Nagar, By-Pass Road, Tiruvannamalai – 606 601. ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorari, to call for the records pertaining to the Press Release published in Tamil Daily Newspaper dated 10.09.2025 and quash the same. For Petitioner : Mr.K.Gangadaran For Respondents : Mr.N.R.R.Arun Natarajan Special Government Pleader ***** ORDER The petitioner, Thondai Mandala Saiva Velalar Dharuma Paribalana Sabai (hereinafter referred to as petitioner-Sabai), has filed this Writ Petition to call for records pertaining to the press release published in Tamil Daily Newspaper dated 10.09.2025 and quash the same. 2. Mr.N.R.R.Arun Natarajan, learned Special Government Pleader, accepts notice on behalf of the respondents. In view of the consent expressed by the parties, this Writ Petition is taken up for final Page No.2 of 6 https://www.mhc.tn.gov.in/judis W.P.No.36524 of 2025 disposal at the stage of admission itself. 3. The case of the petitioner is that the petitioner-Sabai is a registered body under the Societies Registration Act and has been renewing its registration periodically. The object of the petitioner-Sabai is to provide free education to the children belonging to their community. Whileso, the Highways Department had acquired certain properties of the petitioner-Sabai. It is the case of the petitioner that the authorities have demolished a small Mandapam for funeral oration and the respondents have no authority to enter into the properties belonging to the petitioner- Sabai. The act of the respondents in demolishing the funeral oration is without any authority. The respondents now issued a press release in Tamil Daily newspaper stating that 20 multipurpose shops shall be built and leased out in the lands acquired by the petitioner-Sabai. Seeking to quash the press release, the present writ petition has been filed. 4. This Court is of the complete loss as to how the petitioner- Sabai could maintain this writ petition. The very basis of this writ petition is the press release released by the respondents. The value of the press Page No.3 of 6 https://www.mhc.tn.gov.in/judis W.P.No.36524 of 2025 release is not as high as a notification issued by the department directly. Moreover, the petitioner-Sabai has not produced any document showing ownership over the properties. The petitioner-Sabai has only produced the Adangal said to have been given by the revenue department. 5. On the other hand, the learned Special Government Pleader appearing for the respondents produced a communication received from the HR & CE Department, dated 23.09.2025, wherein it is clearly stated that the funeral Mandampam was not demolished and the authorities have acquired the property that was acquired by the Government after following due process of law. Only in the said acquired property, the authorities are contemplating to put-up shops and lease it out. The communication sent by the HR & CE Department also shows that the funeral Mandapam is intact. Hence, this Court is of the considered view that the petitioner-Sabai has not made out any case to interfere with the proposed action of the respondents to put the acquired land to use. It is for the respondents to decided the manner in which they want to make good use of the land acquired by them. Page No.4 of 6 https://www.mhc.tn.gov.in/judis W.P.No.36524 of 2025 6. Accordingly, this Writ Petition is dismissed. No costs. Consequently, the connected miscellaneous petitions are closed. 23.09.2025 Index : Yes / No Speaking order / Non-speaking order Neutral Citation Case : Yes/No sp To 1.The Commissioner, Hindu Religious and Charitable Endowment Department, No.119, Uthamar Gandhi Road, Nungambakkam, Chennai – 600 034. 2.The Joint Commissioner/Executive Officer, Hindu Religious and Charitable Endowment Department, Gandhi Nagar, Tiruvannamalai – 606 601. 3.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Thiruvoodal Street, Tiruvannamalai – 606 601. 4.Thakkar/Inspector, Arulmigu Nandavanam Kattalai, Hindu Religious and Charitable Endowment Department, Gandhi Nagar, By-Pass Road, Tiruvannamalai – 606 601. Page No.5 of 6 https://www.mhc.tn.gov.in/judis W.P.No.36524 of 2025 M.DHANDAPANI, J. sp W.P.No.36524 of 2025 23.09.2025 Page No.6 of 6 https://www.mhc.tn.gov.in/judis