Pappannan @ Sellan Vs the Commissioner — Writ and Judicial Review | Madras HC (2025)

Pappannan @ Sellan Vs the Commissioner — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Substantive relief denied: the show-cause notice was not quashed and no bar was placed on the public auction. Ancillary orders: W.M.P.No.18643 of 2025 (permission to file a single consolidated writ petition) stands ordered as the petitioners had paid separate set of Court fee; W.M.P.No.18646 of 2025 closed; no order as to costs.

Issue for consideration

Whether the public auction of the temple lands can be stalled until disposal of the revision petition R.P.No.476/2024-D2 pending before the Commissioner, HR&CE (first respondent). +1 more

Court's answer

In light of the learned Single Judge's prior order in W.P.No.11333 of 2025 dated 28.03.2025 (positive direction to take over possession and bring the property to public auction within a fixed time-frame), this Court held that it could not stall the public auction in the guise of the pending revision petition R.P.No.476/2024-D2 before the Commissioner.

Ratio / Principle

The steps to take over possession of the property, remove the encroachers and allot the land by public auction are independent actions, separate from the departmental proceedings initiated against the Trustees, and the petitioners must answer that departmental action independently in the enquiry.

Key takeaways

Since the enquiry against the petitioners had commenced, charges framed and explanation called for (enquiry posted for 11.06.2025), it is left open to the petitioners to defend themselves independently in the manner known to law.ratio¶¶52
The Hindu Religious and Charitable Endowments Department was directed to ensure that the directions issued by the learned Single Judge in W.P.No.11333 of 2025 dated 28.03.2025 are complied with.ratio¶¶53

Detailed headnote1 paragraphs

Madras High Court (N. Anand Venkatesh, J.), 05.06.2025 — Two Hereditary Trustees of a temple (Inspectorate, HR&CE, Karagam Selliyamman Temple, Palacode Taluk, Dharmapuri District) filed a writ petition under Article 226 seeking certiorarified mandamus to quash a show-cause notice dated 04.04.2025 (Na.Ka.No.2112/2024/A6) issued by the Assistant Commissioner, HR&CE, and to direct that no public auction of the temple lands be held till disposal of R.P.No.476/2024-D2 pending before the Commissioner, HR&CE. Observing that an earlier order of a learned Single Judge in W.P.No.11333 of 2025 dated 28.03.2025 had positively directed the Department to take over possession of the lands and auction them by public auction within four weeks, the Court held that the pending revision petition could not be used to stall that auction, the removal of encroachers/allotment by auction being independent actions distinct from the departmental proceedings against the Trustees. With the enquiry commenced and charges framed (posted for 11.06.2025), the Trustees were left open to give their explanation and defend themselves in the manner known to law. The HR&CE Department was directed to comply with the earlier Single Judge directions. Petition disposed of; no costs; W.M.P.No.18643 of 2025 (single consolidated writ petition) ordered as separate Court fee paid; W.M.P.No.18646 of 2025 closed.

W.P.No.16507 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.06.2025

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH

W.P.No.16507 of 2025

Pappannan @ Sellan

Gopal .. Petitioners

vs

The Commissioner

Hindu Religious & Charitable Endowments Department Uthamar Gandhi Road, Nungambakkam Chennai – 600 034.

The Joint Commissioner

Hindu Religious & Charitable Endowments Department Kariyaperumal Kovil Road, Nethimedu Salem – 636 002.

The Assistant Commissioner

Hindu Religious & Charitable Endowments Department Dharmapuri – 636 701.

The Inspector

Hindu Religious & Charitable Endowments Department Karagam Selliyamman Temple Chikkardanahalli Village, Dandukaranahalli Post Palacode Taluk, Dharmapuri District.

G.Mariyappan

Rajeswari

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W.P.No.16507 of 2025

Yasotha

Ramasamy 9. V.Chinnasamy 10. M.Muniappan 11. M.Muthusamy 12. Muniappan .. Respondents

Prayer: Petition filed under Article 226 of the Constitution of India, seeking a writ of certiorarified mandamus, calling for the entire records pertaining to issuance of show cause notice dated 04.04.2025 in Na.Ka.No.2112/2024/A6 by the 3^rd respondent and quash the same, consequently, direct the respondents 1 to 4 not to conduct any public auction till the disposal of R.P.No.476 of 2024-D2 by the Commissioner, Hindu Religious & Charitable Endowments Department, Chennai.

For Petitioners : Ms.C.Umashankar For Respondents : Mr.K.Karthikeyan Government Advocate for R1 to R4

ORDER

This writ petition has been filed challenging the show-cause notice dated 04.04.2025 issued by the third respondent and to direct respondents 4 and 5 not to conduct any public auction till the disposal of R.P.No.476/2024-D2, pending on the file of the first respondent.

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W.P.No.16507 of 2025

Heard Ms.C.Umashankar , learned counsel appearing for the petitioners and Mr.K.Karthikeyan , learned Government Advocate appearing for the respondents 1 to 4.

The case of the petitioners is that they are the Hereditary Trustees of the Temple. The Temple lands were encroached by many persons and no effective steps were taken to evict them. This was questioned by the petitioners. Ultimately, since the petitioners were questioning the inaction on the part of the Department in evicting the encroachers, proceedings were initiated against the petitioners and notice was issued to give their explanation. In the meantime, the encroachers are stalling their eviction by filing one writ petition after the other and even before evicting them from the Temple land, the Department is attempting to bring the property for public auction. It is under these circumstances, the present writ petition has been filed before this Court.

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W.P.No.16507 of 2025

Insofar as the show-cause notice that was issued to the

petitioners dated 04.04.2025 is concerned, it is brought to the notice of this Court that enquiry has been initiated and charges have been framed against the petitioners and the petitioners have been asked to give their explanation and the enquiry is posted on 11.06.2025.

In view of the same, it is left open to the petitioners to give

their explanation and defend themselves in the manner known to law.

Insofar as the eviction of the encroachers is concerned, an earlier order has been passed by this Court in W.P.No.11333 of 2025 dated 28.03.2025. The learned Single Judge issued the following directions:-

“6. The lands belonging to the diety has to be put into proper use, especially, for cultivation. Food is the very basic need of humankind and a cultivable land can never be allowed to lay barren only due to the unwanted weed called 'caste. Therefore, the authorities shall take immediate steps to auction the properties by way of public auction and if there is any ruckus or problem, the authorities shall also forward a complaint to the Superintendent of Police,

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W.P.No.16507 of 2025

Dharmapuri district, who shall take strong action against miscreants in accordance with law and the lands shall be given on lease after due approval by the Commissioner after taking into account the lease rent etc., in accordance with the rules. The said exercise shall be carried out within a period of four weeks from the date of receipt/production of a webcopy of this order without waiting for a certified copy of this order.”

It is clear from the above that a positive direction has been issued to take over possession of the property and thereafter bring the property for public auction. A time-frame has also been fixed to complete this process.

8. In light of the above order passed by the learned Single Judge, this Court cannot now stall the public auction in the guise of the pending revision petition before the Commissioner. These are independent actions taken to remove the encroachers and to allot the land by public auction. This ultimately will only benefit the Temple. The above action taken by the Department cannot be clubbed with the independent action that has been initiated by the Department against the Trustees. Already, notice has been issued in this regard and

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W.P.No.16507 of 2025

explanation has been called for. Therefore, it has to be independently defended by the petitioners as stated supra.

9. The Hindu Religious and Charitable Endowments Department shall ensure that the directions issued by the learned Single Judge in W.P.No.11333 of 2025 dated 28.03.2025 are complied with.

10. This writ petition is disposed of in the above terms. There shall be no order as to costs. Consequently, W.M.P.No.18646 of 2025 is closed. W.M.P.No.18643 of 2025, petition filed to permit the petitioners to file a singe writ petition stands ordered, inasmuch as the petitioners have paid separate set of Court fee.

05.06.2025

Speaking Order/Non-Speaking Order. Internet : Yes/No. Index: Yes/No. Neutral Citation: Yes/No

drm

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W.P.No.16507 of 2025

To

The Commissioner

Hindu Religious & Charitable Endowments Department Uthamar Gandhi Road, Nungambakkam Chennai – 600 034.

The Joint Commissioner Hindu Religious & Charitable Endowments Department Kariyaperumal Kovil Road, Nethimedu Salem – 636 002.

The Assistant Commissioner

Hindu Religious & Charitable Endowments Department Dharmapuri – 636 701.

The Inspector

Hindu Religious & Charitable Endowments Department Karagam Selliyamman Temple Chikkardanahalli Village, Dandukaranahalli Post Palacode Taluk, Dharmapuri District.

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W.P.No.16507 of 2025

N.ANAND VENKATESH, J.

drm

W.P.No.16507 of 2025

05.06.2025

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