A co-operative housing society appealed against dismissal of a writ petition seeking deletion of land from a temple's property register. The court confirmed the dismissal but clarified that observations on title were not final, leaving parties free to establish their rights through legal proceedings.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.A(MD)No.112 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 11.06.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE K.RAJASEKAR
W.A(MD)No.112 of 2023
Thirunagar Co-operative Housing Construction Society Limited, Thirunagar, Represented by its Secretary, Madurai.
... Appellant / 3rd Respondent
Vs.
1.The Commissioner, Hindu Religious & Charitable Endowments, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai – 34.
Arulmigu Subramaniaswami Thirukovil, Thirupparakundram, Madurai – 625 002. ... Respondents 1 & 2 / Respondents 1 & 2
3.The Sub Registrar, Office of the Sub Registrar, Thirupparakundram, Madurai – 5.
... 3rd Respondent / 4th Respondent
W.A(MD)No.112 of 2023
4.K.Radha
... 4th Respondent / Writ Petitioner
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent to set aside the order made in W.P(MD)No.12017 of 2018 dated 25.08.2022 by allowing the Writ Appeal.
For Appellant : Mr.S.Kumar
For Respondents : Mr.P.Subbaraj Special Government Pleader for R.1 & R.3
Mr.V.Chandrasekar for R.2
Mr.R.Aravindan for R.4
JUDGMENT
(Judgment of the Court was made by G.R.Swaminathan J. )
Heard both sides.
2.One K.Radha filed W.P(MD)No.12017 of 2018 for directing the Commissioner of HR&CE to delete the petition mentioned land from the property register of Arulmigu Subramanisamy Temple, Thiruparankundram and for a direction that the temple management should issue “No Objection Certificate” to enable the writ petitioner to deal with the property. The writ petition was dismissed by the learned single Judge vide order dated 25.08.2022
W.A(MD)No.112 of 2023
and no appeal has been filed by Radha. It is only Thirunagar Co-operative Housing Construction Society Limited in which Radha's husband was a member, that has filed this appeal.
3.The learned Standing Counsel appearing for the Society states that some of the observations made by the learned single Judge would operate prejudicially against the appellant's title.
4.We make it clear that any observations made in the Writ Petition regarding title shall not be treated as final. While we confirm the dismissal of the Writ Petition, we permit the parties concerned including the appellant herein to establish their rights in the manner known to law.
5.With the aforesaid observation and liberty, this Writ Appeal stands dismissed. There shall be no order as to costs.
[G.R.S., J.] [K.R.S., J.] 11.06.2025
NCC : Yes / No Internet : Yes / No Index : Yes / No MGA
W.A(MD)No.112 of 2023
To
1.The Commissioner, Hindu Religious & Charitable Endowments, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai – 34.
Arulmigu Subramaniaswami Thirukovil, Thirupparakundram, Madurai – 625 002.
W.A(MD)No.112 of 2023
G.R.SWAMINATHAN, J
and K.RAJASEKAR, J.
MGA
W.A(MD)No.112 of 2023
11.06.2025
1 issue framed by the court
Do observations in the dismissed writ petition operate prejudicially against the appellant Society's title to the land?
Thirunagar Co-operative Housing Construction Society Limited, Thirunagar, represented by its Secretary, Madurai
The Commissioner, Hindu Religious & Charitable Endowments, Chennai
The Deputy Commissioner / Executive Officer, Arulmigu Subramaniaswami Thirukovil, Thirupparakundram
The Sub Registrar, Thirupparakundram, Madurai
K.Radha
G.R.Swaminathan
K.Rajasekar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
