High Court · 2025

W.P.No.16378 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 04.06.2025CORAMTHE HONOURABLE MR. JUSTICE M.SUNDAR andTHE HONOURABLE MR. JUSTICE HEMANT CHANDANGOUDAR W.P.No.16378 of 2025ChenniyappanPetitionervs.1.The State represented byThe District CollectorO/o.District CollectorErode DistrictErode2.The TahsildarTahsildar Office Modakurichi BlockErode District3.Jayanthi4.The CommissionerTamil Nadu Hindu Religious and Charitable Endowments DepartmentNo.119, Uthamar Gandhi Salai(previously Nungambakkam High Road)NungambakkamChennai 600 0345.The Joint CommissionerTamil Nadu Hindu Religious and Charitable Endowments DepartmentErodePage Nos.1/8 https://www.mhc.tn.gov.in/judis W.P.No.16378 of 20256.The Assistant CommissionerTamil Nadu Hindu Religious and Charitable Endowments DepartmentErodeRespondents(RR 4 to 6 suo motu impleaded by Court on 04.06.2025)Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the respondents to take action pursuant to the petitioner's representation dated 10.02.2025.For petitionerMr. R. ThirumoorthyFor RR 1 and 2Mr. T.K. SaravananAddl. Govt. PleaderFor RR4 to 6Mr. S. RavichandranAddl. Govt. Pleader (HR & CE)ORDER[made by M.SUNDAR, J.]The kernel of the captioned 'writ petition' (hereinafter 'WP' for the sake of brevity) is a 'representation dated 10.02.2025 sent by the writ petitioner to RR 1 and 2' (hereinafter 'said representation' for the sake of convenience and clarity). Captioned WP is predicated on said representation.2.Mr. R. Thirumoorthy, learned counsel on record for writ petitioner, adverting to the said representation, submits that there is a Page Nos.2/8 https://www.mhc.tn.gov.in/judis W.P.No.16378 of 2025temple which goes by the name 'Madurai Veeran Thirukkovil' (hereinafter 'said temple' for the sake of convenience and clarity) in 'Old Survey No.1742/7 Part (New Survey No.1542/7), 48, Thuyyampoondurai Village, Modakkurichi Taluk, Erode District' (hereinafter 'said land' for the sake of convenience and clarity). Learned counsel submits that the private respondent (R3), along with some others, has unilaterally laid a road in said land belonging to the said temple and that the road has been laid (by encroaching upon the said land belonging to the said temple) for the purpose of creating access to a layout which goes by the name 'Vijay Garden' housing site layout. Learned counsel submits that the said representation has not evoked any response and that has necessitated the captioned WP with a mandamus prayer.3.Issue notice to RR 1 and 2 (official respondents).4.Mr. T.K. Saravanan, learned Additional Government Pleader, accepts notice for RR 1 and 2 and submits, on instructions that measuring and survey of said land has to be made at the first instance.Page Nos.3/8 https://www.mhc.tn.gov.in/judis W.P.No.16378 of 20255.Be that as it may, as regards temples, this Court has, time and again, held that in the light of sub-section (1) of Section 3 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (Tamil Nadu Act 22 of 1959) (hereinafter 'TN HR & CE Act' for the sake of brevity), all temples are public temples, unless exempted under Section 4 or declared as private temples. Taking judicial cognizance of the presence of said temple, we suo motu implead the following authorities as RR 4,5 and 6 respectively:1.The CommissionerTamil Nadu Hindu Religious and Charitable Endowments DepartmentNo.119, Uthamar Gandhi Salai(previously Nungambakkam High Road)NungambakkamChennai 600 0342.The Joint CommissionerTamil Nadu Hindu Religious and Charitable Endowments DepartmentErode3.The Assistant CommissionerTamil Nadu Hindu Religious and Charitable Endowments DepartmentErode6.Mr. S. Ravichandran, learned Additional Government Pleader for HR & CE Department, accepts notice for newly impleaded RR 4 to 6.Page Nos.4/8 https://www.mhc.tn.gov.in/judis W.P.No.16378 of 20257.We direct RR 4 and 5 to appoint a Fit Person qua said temple. Appointment of Fit Person is a transitory provision under the TN HR & CE Act. In this view of the matter, we make it clear that all the rights and contentions of writ petitioner and/or any other similarly placed person/s are preserved for staking their claim to be part of the administration of said temple in accordance with the provisions of the TN HR & CE Act. If such a claim is made, the same shall be considered on its own merits and in accordance with law. It will also be open to writ petitioner and/or any other similarly placed person(s) to suggest a person to seek appointment of Trustees qua said temple under the TN HR & CE Act.8.Reverting to said representation, in the interregnum, measuring and survey of said land shall be made by R2 (Tahsildar) within eight weeks from today i.e., on or before 30.07.2025, after putting on notice, the writ petitioner, R3 and Fit Person of said temple to be appointed. In this regard, we make it clear that this order does not touch upon the rights and contentions of R3. On the contrary, all the rights and contentions of R3 as regards participation in the measuring/survey and any other proceedings qua said land/said Page Nos.5/8 https://www.mhc.tn.gov.in/judis W.P.No.16378 of 2025temple stand preserved. Therefore, we dispense with notice to R3 and take up the captioned WP with the consent of the learned State counsel and learned counsel for writ petitioner.9.After measuring and surveying in the aforesaid manner, R2 shall draw up a report and if any encroachment is found in the survey report, R6 shall draw up a report inter alia vide Section 78 of the TN HR & CE Act and proceedings under Section 78 of the TN HR & CE Act shall be kickstarted. At the risk of repetition, we hold that all rights and contentions of writ petitioner, R3 and other similarly placed persons are preserved when such proceedings are kickstarted. If encroachment is found, kickstarting/commencing such proceedings will be within four weeks from 30.07.2025 i.e., on or before 27.08.2025. It will be open to the writ petitioner, R3 and Fit Person to be appointed, to be present at the time of measuring and survey by R2.Captioned WP stands disposed of in the manner set out in paragraphs 7 to 9, supra. There shall be no order as to costs.(M.S.,J.) (H.C.,J.)04.06.2025cadPage Nos.6/8 https://www.mhc.tn.gov.in/judis W.P.No.16378 of 2025To1.The District CollectorO/o.District CollectorErode DistrictErode2.The TahsildarTahsildar Office Modakurichi BlockErode District3.The CommissionerTamil Nadu Hindu Religious and Charitable Endowments DepartmentNo.119, Uthamar Gandhi Salai(previously Nungambakkam High Road)NungambakkamChennai 600 0344.The Joint CommissionerTamil Nadu Hindu Religious and Charitable Endowments DepartmentErode5.The Assistant CommissionerTamil Nadu Hindu Religious and Charitable Endowments DepartmentErode Page Nos.7/8 https://www.mhc.tn.gov.in/judis W.P.No.16378 of 2025M.SUNDAR, J.andHEMANT CHANDANGOUDAR, J.cad W.P.No.16378 of 202504.06.2025Page Nos.8/8