Madras High Court
Mr.S.Ravi vs The Commissioner on 4 June, 2025
Author: J.Nisha Banu
Bench: J.Nisha Banu
W.A.No.1582 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.06.2025
CORAM :
THE HON'BLE MRS.JUSTICE J.NISHA BANU
AND
THE HON'BLE MR.JUSTICE M.JOTHIRAMAN
W.A.No.1582 of 2025
Mr.S.Ravi .. Appellant
v.
The Commissioner
Hindu Religious and Charitable
Endowments Department
Mahatma Gandhi Road
Nungambakkam
Chennai 600 034 .. Respondent
Memorandum of Grounds of Writ Appeal filed under Clause 15 of the
Letters Patent against the order dated 24.04.2025 passed in W.P.No.14730
of 2025.
For Appellant :: Mr.S.R.Rajagopal
Senior Counsel for
Mr.L.Murali Krishnan
For Respondent :: Mr.N.R.Arun Natarajan
Special Government Pleader
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W.A.No.1582 of 2025
JUDGMENT
(Judgment of the Court was made by J.NISHA BANU,J.)
This writ appeal is directed against the order dated 24.04.2025 passed
by the learned single Judge in W.P.No.14730 of 2025.
2. Heard both sides.
3. The claim of the appellant is that the subject property was
originally owned and possessed by one Thathu Gurusamy, who is an
individual. Patta was issued in his favour for the entire property under Patta
No.66 and mutation was also made in all the revenue records. After his
death, the legal heirs of the said Thathu Gurusamy were in absolute
possession and enjoyment of the property. Thereafter, the appellant and his
brother Mr.Sakthivel got the said property and they have been in absolute
possession and enjoyment. It is further claimed that patta was issued in
their favour. However, when the appellant decided to sell a portion of the
property, the same was not registered on the ground that an objection was
raised by the jurisdictional Executive Officer vide the communication dated
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10.02.2022. Aggrieved by the same, one of the legal heirs has filed a suit in
O.S.No.666 of 2022 before the District Court at Tiruvallur and the same is
pending. Thereafter, the appellant came to know that an order has been
issued by the respondent herein in his proceedings dated 16.12.2021
attaching the subject property to be administered by the Executive Officer
of Arulmigu Bhavani Amman Temple, Periyapalayam. Therefore, the
appellant made a representation dated 19.11.2024 before the respondent to
recall the order dated 16.12.2021. Since the said representation was not
considered, the appellant filed the writ petition and the learned single Jude
has disposed of the writ petition granting liberty to the appellant either to
get himself impleaded in the pending civil suit or to file a separate suit to
assert his title.
4. It is not in dispute that one of the legal heirs has already
approached the civil Court claiming title in respect of the subject property,
in which the respondent Department has also filed a written statement.
Therefore, at this stage, it is not necessary for the respondent to consider the
representation of the appellant. Since the issue regarding title has to be
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decided only by the civil Court based on the documents and evidence let in
by the parties, we are not inclined to interfere with the order passed by the
learned single Judge. Accordingly, the writ appeal stands dismissed. No
costs.
Index : yes/no (J.N.B.,J.) (M.J.R.,J.)
Neutral citation : yes/no 04.06.2025
ss
To
1. The Commissioner
Hindu Religious and Charitable
Endowments Department
Mahatma Gandhi Road
Nungambakkam
Chennai 600 034
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J.NISHA BANU,J.
AND
M.JOTHIRAMAN,J.
ss
04.06.2025
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