Madras High Court
S.Rajeswari vs The District Revenue Officer on 14 March, 2025
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
W.A.(MD)No.556 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 14.03.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
and
THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
W.A.(MD)No.556 of 2019
and
C.M.P.(MD)No.4680 of 2019
1.S.Rajeswari
2.J.Radha
3.A.R.Suganya
4. S.P.Selvam ... Appellants
Vs.
1.The District Revenue Officer,
Collectorate Building,
Madurai.
2.The Joint Commissioner,
Hindu Religious and Charitable Department,
No.1 West Chithirai Street,
Madurai.
3.Nachiyarammal Trust,
Vandiyur, Madurai.
4.Vandiyur Sri Nachiyarammal
Vagaiyara Specific Endowment,
1/8
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W.A.(MD)No.556 of 2019
Rep. by its Managing Trustee,
M.Tiruppathi,
Vandiyur, Madurai.
5.M.Tiruppathi
6.A.Chandran
7.K.Kulanthai Selvam
8.S.Logambal
9.M.Banumathi
10.G.Vellaiammal
11.A.Pappa @ Parvathy
12.D.Baby ... Respondents
Prayer : Writ Appeal filed under Clause XV of Letters Patent, to allow
the writ appeal and set aside the order dated 23.11.2016 passed in
W.P.(MD).No.2554 of 2010 on the file of this Court.
For Appellant : Mr.J.Lawrance
For Respondents : Mr.K.S.Selvaganesan,
Addl. Government Pleader for R1.
Mr.M.Saravanan for R2.
Mr.S.Ramesh for R3 to R5.
Mr.L.Prabhu for R6 & R12.
Mr.R.Soundara Pandian for R10
JUDGMENT
(Judgment of the court was delivered by G.R.Swaminathan, J.)
Heard both sides.
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2.The property that is the subject matter of this writ appeal
admittedly belongs to Vandiyur Sri Nachiyarammal Trust. The trust was
endowed vide settlement deed dated 23.04.1923. The purpose of the
trust was to perform mandagapadi for Arulmighu Kallalagar on the
occasion of Chitra Pournami. The purpose of trust is obliviously
religious. Therefore, it came under the purview of Tamil Nadu Hindu
Religious and Charitable Endowments Department. The then Deputy
Commissioner, Hindu Religious and Charitable Endowments
Department, Tanjavur settled a scheme for the proper administration of
the endowment in O.A.No.111 of 1953 on 30.09.1956. One Muthusamy
Pillai known as senior Muthusamy Pillai was appointed as the trustee in
the document itself. Subsequently, disputes kept cropping up as to who
should be the hereditary trustee. While so, some of the descendants of
the said senior Muthusamy Pillai executed power of attorney in favour
one M.Murugasean as their power agent. The said power agent executed
a number of sale deeds dated 18.10.2007 in favour of the appellants
herein. Based on the said documents, the appellants obtained mutation of
patta in their favour in respect of the subject properties. Subsequently,
complaint was laid before the District Revenue Officer, Madurai. The
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District Revenue Officer, Madurai vide order dated 07.12.2009 set aside
the mutation and restored the name of Sri Nachiyarammal Trust in the
revenue record in respect of the subject properties. Challenging the said
order, the appellants filed W.P.(MD)No.2554 of 2010 and one of the
trustees also sailed along with the. He filed W.P.(MD)No.1978 of 2010.
The said writ petitions were taken up along with another writ petition
filed by one of the trustees. W.P.(MD)No.2554 of 2010 filed by the
appellants herein was dismissed by the learned Single Judge vide order
dated 23.11.2016 and the order passed by the District Revenue Officer,
Madurai was confirmed. Aggrieved by the same, this writ appeal has
been filed.
3.The prime argument advanced by the learned counsel for the
appellants is that the District Revenue Officer, Madurai set aside the
mutation of patta made in their favour even without hearing them. The
argument of the learned counsel is that when there is a clear breach of the
principles of natural justice, such an order will be treated as nullity. He
pleaded that the matter may be once again remitted to the file of the
District Revenue Officer, Madurai for conducting fresh enquiry.
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4.The learned Additional Government Pleader for the official
respondent as well as the learned counsel for the trustees strongly
supported the order impugned in this writ appeal. They called upon this
Court to dismiss the writ appeal.
5.We carefully considered the rival contentions and went through
the materials on record. The sale deeds executed in the name of the
appellants contained a categorical recital that the subject properties
belonged to Sri Nachiarammal Trust. The materials on record also
indicate that it is a specific endowment.
6.The learned Additional Government Pleader adds that it is a
listed endowment also. This is evident from the fact that as early as on
30.09.1956, a scheme of administration was framed by the competent
authority of Hindu Religious and Charitable Endowments Department.
Therefore, Section 34 of the Tamil Nadu Hindu Religious and Charitable
Endowments Act, 1959 will automatically kick in. Section 34 mandates
that any immovable property belonging or endowed for the purposes of
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any religious institution, can be sold only after getting permission as
envisaged under the provision and any alienation made without getting
such a permission under Section 34 of the Act, is null and void. In this
case, the Tahsildar had effected mutation on the strength of the sale deeds
executed in the name of the appellants. The jurisdictional Joint
Commissioner, Hindu Religious and Charitable Endowments Department
filed revision before the District Revenue Officer and brought this gross
breach of the statutory provision to his notice. Upon realizing the same,
the District Revenue officer cancelled the mutation and restored the
original position. The learned Single Judge rightly declined to interfere
with the said order. Interference with such an order is not warranted.
7.The writ appeal stands dismissed. No costs. Consequently,
connected miscellaneous petition is closed.
(G.R.S. J.,) & (M.J.R. J.,)
14.03.2025
NCC : Yes/No
Index : Yes / No
Internet : Yes/ No
ias
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To:
The District Revenue Officer,
Collectorate Building,
Madurai.
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G.R.SWAMINATHAN, J.
and
M.JOTHIRAMAN, J.
ias
14.03.2025
(1/2)
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