Madras High Court
Sengunthar Magajana Sangam vs N.Karunanidhi on 27 October, 2025
Author: S.M.Subramaniam
Bench: S. M. Subramaniam, Mohammed Shaffiq
2025:MHC:2522
WA No. 2754 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27-10-2025
CORAM
THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM
AND
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ
WA No. 2754 of 2025
and
CMP No. 22125 of 2025
Sengunthar Magajana Sangam
Represented by its President
Devapandalam Village,
Sankarapuram Taluk,
Kallakurichi District.
Appellant(s)
Vs
1. N.Karunanidhi
S/O Narayanapillai Aatruppathai
Theru, Devabandalam Village
Sankarapuram Taluk, Kallakurichi
District
2.The Commissioner
Hindu Religious And Charitable
Endowment Department No 119,
Utthamar Gandhi Salai,
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WA No. 2754 of 2025
Nungampakkam Chennai 600 034
3.The Assistant Commissioner
Hindu Religious And Charitable
Endowment Department, Villupuram
District
4.The Inspector
HR and CE Department,
Sankarapuram.
5.The Tahsildar
Sankarapuram Taluk Kallakurichi
District
Respondent(s)
PRAYER
Writ Appeal filed under Clause 15 of Letters Patent, to against the order dated
17-12-2024 in WP.No.35808 of 2024.
For Appellant(s): Mr.P.Valliappan
Senior Counsel
For Mr. K.M.Hareesh
For M/s.PV Law Associates
For Respondent(s): Mr.V.Manohar
For Mr.T.Balachandran For R1
Mr.N.R.R.Arun Nataraj
Special Government Pleader
[For HR&CE]
Mr.T.Arun Kumar
Additional Government Pleader
For R5
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WA No. 2754 of 2025
JUDGMENT
(Judgment was delivered by S.M.Subramaniam J.)
The present Intra-Court Appeal has been instituted challenging the writ
th
order dated 17.12.2024 in W.P.No.35808 of 2024. The appellant is the 5
respondent in the writ petition.
2. The learned Senior Counsel appearing on behalf of the appellant
would contend that impugned writ order has been passed at admission stage,
th st
directing the 5 respondent/Tahsildar to issue notice to appellant, 1
respondent and to Hindu Religious and Charitable Endowments Department
and thereafter conduct an inquiry and pass a speaking order. Application has
been filed before Revenue Authority seeking cancellation of patta.
Adjudication to grant or cancel patta is to be undertaken by Revenue Authority
under the Tamil Nadu Patta Pass Book Act, 1983 and the High Court cannot
conduct a roving inquiry.
3. Appellant would further contend that petitioner earlier filed two writ
petitions in W.P.No.3965 of 2018 and W.P.No.32852 of 2022. As far as the first
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writ petition in W.P.No.3965 of 2018 is concerned, prayer is not akin to that of
the prayer sought for in the present writ appeal. Another writ petition in
W.P.No.32852 of 2022 is filed in connection with the same property and it was
st
was dismissed. However, liberty was granted to the 1 respondent herein to
workout his remedy in the manner known to law.
4. May that as it be, fact remains that Inspector of Hindu Religious and
Charitable Endowments Department, Sankarapuram, has already submitted
an application before Tahsildar, Sankarapuram on the ground that subject
property belongs to temple, and an inquiry notice has also been issued
pursuant to the directions issued by the impugned writ order. Tahsildar has
initiated action to conduct inquiry on 05.06.2025. However, due to the
pendency of present writ appeal no final order has been passed.
5. Parties have to participate in the process of inquiry to be conducted
and concluded by the Tahsildar by following the procedures contemplated
under the Tamil Nadu Patta Pass Book Act and the Rules framed thereunder.
Disputed facts cannot be adjudicated by High Court in a writ proceeding. In
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the event of any title dispute, parties are to be relegated to approach
Competent Civil Court of Law.
6. In the present case, Tahsildar has already undertaken the process of
inquiry. Therefore opportunity is to be provided to all the parties including
st
appellant and 1 respondent, and thereafter, a final order is to be passed on
merits and in accordance with law. If it is temple property, then competent
authorities under the Hindu Religious and Charitable Endowments
Department is duty bound to initiate appropriate action to resume and protect
the temple properties.
7. Parties are directed to cooperate for conduct of inquiry by Tahsildar.
Tahsildar shall conduct inquiry independently based on documents and
evidences available on record. The Tahsildar, Sankarapuram is directed to
complete the exercise as expeditiously as possible.
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8. With the above directions, the Writ Appeal stands disposed of. The
connected Miscellaneous Petition is closed. There shall be no order as to
costs.
(S.M.SUBRAMANIAM J.)(MOHAMMED SHAFFIQ J.)
27-10-2025
Index:Yes/No
Speaking/Non-speaking order
Internet:Yes
Neutral Citation:Yes/No
Jeni
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To
1.The Commissioner
Hindu Religious And Charitable
Endowment Department No 119,
Utthamar Gandhi Salai,
Nungampakkam Chennai 600 034
2.The Assistant Commissioner
Hindu Religious And Charitable
Endowment Department, Villupuram
District
3.The Inspector
HR and CE Department,
Sankarapuram.
4.The Tahsildar
Sankarapuram Taluk Kallakurichi
District
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S.M.SUBRAMANIAM J.
AND
MOHAMMED SHAFFIQ J.
Jeni
27-10-2025
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