[Cites 1, Cited by 0]
Madras High Court
Balraj vs The District Collector on 9 March, 2026
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
W.P(MD)Nos.8610 of 2025 & 3811 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.03.2026
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
and
THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
W.P(MD)Nos.8610 of 2025 & 3811 of 2026
and
W.M.P(MD)No.6436 of 2025, 3120 & 3121 of 2026
1.W.P(MD)No.8610 of 2025:
Balraj ... Petitioner
vs.
1.The District Collector,
Virudhunagar District,
Virudhunagar.
2.The Revenue Divisional Officer,
Sivakasi,
Virudhunagar District.
3.The Tahsildar,
Rajapalayam Taluk,
Virudhunagar District.
4.V.Veeraiah Chettiar ... Respondents
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W.P(MD)Nos.8610 of 2025 & 3811 of 2026
PRAYER : Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of a Writ of Mandamus, directing the respondent Nos.1
to 3 to cancel the patta issued in the name of Madha Kovil by its present
Trustee and restore revenue records to their original classification as Sarkar
Poramboke - Kovil in respect of the lands of Arulmigu Angala Easwari
Temple (Madha Temple) situated on Old Survey No.482, T.S.No.191,
Ward-E, Block 21, Rajapalayam Town, Virudhunagar District admeasuring
13 cents in accordance with law within a time frame fixed by this Court.
For Petitioner : Mr.Y.Prakash
For Respondents : Mr.J.Ashok (R1 to R3)
Additional Government Pleader
: Mr.VR.Shanmuganathan (R4)
2.W.P(MD)No.3811 of 2026:
Rajkumar ... Petitioner
vs.
1.The Commissioner,
Hindu Religious and Charitable Endowments Department,
119, Uthamar Gandhi Salai,
Nungambakkam,
Chennai 600 034.
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W.P(MD)Nos.8610 of 2025 & 3811 of 2026
2.The Assistant Commissioner,
Hindu Religious and Charitable Endowments Department,
Virudhunagar,
Virudhunagar District.
3.The Revenue Divisional Officer Cum Sub Collector,
Sivakasi.
4.The Tahsildar,
Rajapalayam Taluk,
Virudhunagar District.
5.R.Ramasubramaniam
6.Shanmugavel
7.Balraj ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of a Writ of Certiorari calling for the records of the
impugned proceedings of the fourth respondent in Na.Ka.No.A1/7314/2024
dated 10.02.2025 and quash the same.
For Petitioner : Mr.VR.Shanmuganathan
For Respondents : Mr.J.Ashok (R1 to R4)
Additional Government Pleader
: Mr.V.Meenakshi Sundaram (R6 & R7)
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W.P(MD)Nos.8610 of 2025 & 3811 of 2026
COMMON ORDER
(Order of the Court was made by N.SATHISH KUMAR, J.)
W.P.(MD) No.8610 of 2025 has been filed seeking a direction to
respondents 1 to 3 to cancel the patta issued in the name of “Madha Kovil
represented by its present Trustee” and to restore the revenue records to their
original classification as Sarkar Poramboke – Kovil in respect of the lands of
Arulmigu Angala Easwari Temple (Madha Temple), situated in Old Survey
No.482, T.S.No.191, Ward–E, Block 21, Rajapalayam Town, Virudhunagar
District, measuring an extent of 13 cents, in accordance with law.
2.W.P.(MD) No.3811 of 2026 has been filed seeking to quash
the impugned proceedings of the fourth respondent in
Na.Ka.No.A1/7314/2024 dated 10.02.2025.
3.The petitioner in W.P.(MD)No.8610 of 2025, who is the
seventh respondent in W.P.(MD)No.3811 of 2026, has filed the said Writ
Petition in the nature of a Public Interest Litigation seeking cancellation of
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W.P(MD)Nos.8610 of 2025 & 3811 of 2026
the patta and restoration of the classification of the temple land as
Government Poramboke – Kovil land.
4.W.P.(MD)No.3811 of 2026 has been filed by the petitioner
therein challenging the recommendation made by the Tahsildar,
Rajapalayam, to the Revenue Divisional Officer.
5.The crux of the issue in both the Writ Petitions relates to the
classification of the land in question, where the temple has been constructed.
According to the parties, the land was originally classified as Government
Poramboke land and subsequently, it appears that the classification was
changed to Ryotwari Manai.
6.According to the learned counsel appearing for the petitioner
in W.P.(MD) No.3811 of 2026, the recommendation made by the Tahsildar is
biased, as the Tahsildar is related to respondents 6 and 7 therein. Hence, it is
contended that the recommendation would cause prejudice to the writ
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W.P(MD)Nos.8610 of 2025 & 3811 of 2026
petitioner and that the Revenue Divisional Officer ought not to have
conducted the enquiry based on such recommendation.
7.Heard the learned counsel appearing on either side and perused
the materials available on record.
8.Since the entire issue pertains to the classification of the nature
of the land, it is not in dispute that the land was originally classified as
Government Poramboke land and that subsequently the classification
appears to have been changed to Ryotwari Manai in the name of the deity
represented by its trustees.
9.The fact remains that the property belongs to the temple.
Merely because the classification has been altered, the rights of the deity
cannot be taken away. The change in classification will not divest the temple
of its rights over the property, especially when the temple has been in
existence in the said location for a long period.
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W.P(MD)Nos.8610 of 2025 & 3811 of 2026
10.At present, the issue relates only to the classification of the
land. Since the enquiry has already been commenced, the parties are directed
to appear before the Revenue Divisional Officer. The Revenue Divisional
Officer shall consider the issue independently, without being influenced by
the recommendation made by the Tahsildar, and after examining the relevant
records, pass appropriate orders on merits and in accordance with law, as
expeditiously as possible.
11.With the above directions, these Writ Petitions are disposed
of. No costs. Consequently, the connected Miscellaneous Petitions are
closed.
[N.S.K.,J.] [M.J.R.,J.]
09.03.2026
NCC : Yes / No
Index : Yes / No
Internet : Yes
ps
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W.P(MD)Nos.8610 of 2025 & 3811 of 2026
To
1.The District Collector,
Virudhunagar District,
Virudhunagar.
2.The Revenue Divisional Officer,
Sivakasi,
Virudhunagar District.
3.The Tahsildar,
Rajapalayam Taluk,
Virudhunagar District.
4.The Commissioner,
Hindu Religious and Charitable Endowments Department,
119, Uthamar Gandhi Salai,
Nungambakkam,
Chennai 600 034.
5.The Assistant Commissioner,
Hindu Religious and Charitable Endowments Department,
Virudhunagar,
Virudhunagar District.
6.The Revenue Divisional Officer Cum Sub Collector,
Sivakasi.
7.The Tahsildar,
Rajapalayam Taluk,
Virudhunagar District.
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W.P(MD)Nos.8610 of 2025 & 3811 of 2026
N.SATHISH KUMAR, J.
and
M.JOTHIRAMAN, J.
ps
ORDER MADE IN
W.P(MD)Nos.8610 of 2025 & 3811 of 2026
DATED : 09.03.2026
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