Dharmaraj Vs The District Collector — Writ and Judicial Review | Madras HC (2025)

Dharmaraj Vs The District Collector — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

No substantive relief; writ petition and W.M.P.No.23964 of 2021 disposed of with preservation of all rights and contentions of the writ petitioner (if any) for further action; no order as to costs.

Issue for consideration

Whether a writ of mandamus should be issued directing the first respondent to consider the petitioner's representation dated 04.09.2021 seeking not to construct a religious structure on Natham S.F.No.30/24 ('natham road poramboke' land), which causes hindrance to the road at Gopalapuram Village, Pollachi Taluk.

Court's answer

In view of the narrative that the temple construction on the said land stands completed and the temple is under the control, management and administration of the Tamil Nadu HR & CE Department, closure can be given to the captioned writ petition and the writ miscellaneous petition thereat, with preservation of all rights and contentions of the writ petitioner (if any) for further action.

Detailed headnote1 paragraphs

Constitution of India, Article 226 — Writ of mandamus — Petitioner sought direction to first respondent (District Collector, Coimbatore) to consider his representation dated 04.09.2021 against construction of a religious structure on land classified as 'natham road poramboke' (Natham S.F.No.30/24, Gopalapuram Village, Mannur Post, Pollachi Taluk, Coimbatore District) on the ground that it causes hindrance to the road — During hearing, learned Government Advocate (HR & CE) submitted on instructions that construction of the temple has since been completed and the temple is now under the control, management and administration of the Tamil Nadu Hindu Religious and Charitable Endowments Department — Held: in the light of this narrative, closure can be given to the writ petition and the W.M.P., albeit with preservation of all rights and contentions of the writ petitioner (if any), for further action — Writ petition and W.M.P. disposed of; no order as to costs (Division Bench: M. Sundar and Hemant Chandangoudar, JJ.; order made by M. Sundar, J.).

W.P.No.22745 of 2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.07.2025

CORAM:

THE HONOURABLE MR. JUSTICE M. SUNDAR

AND

THE HONOURABLE MR. JUSTICE HEMANT CHANDANGOUDAR

W.P.No. 22745 of 2021 and W.M.P.No. 23964 of 2021

Dharmaraj Petitioner

vs.

The District Collector Collectorate Buildings Coimbatore District 641 018

The Sub-Collector-cum-Revenue Divisional Officer O/o.The Sub-Collector/Revenue Divisional Officer Pollachi 642 001

The Tahsildar O/o.The Tahsildar Pollachi 642 001

The Commissioner Hindu Religious and Charitable Endowments 119, Uthamar Gandhi Road Nungambakkam, Chennai 600 034

The Joint Commissioner (Regional) Hindu Religious and Charitable Endowments Commercial Tax Office Campus Dr.Balasundaram Road Coimbatore 641 018

The Assistant Commissioner Hindu Religious and Charitable Endowments Commercial Tax Office Campus Dr.Balasundaram Road Coimbatore 641 018

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W.P.No.22745 of 2021

The President Ramapattinam Panchayat Office Ramanathapuram, Mannur Post Pollachi Taluk Coimbatore District 642 005 Respondents

Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the 1^st respondent to consider the representation of the petitioner dated 04.09.2021 seeking not to construct the religious structure in Natham S.F.No.30/24 which causes hindrance to the road at Gopalapuram Village, Mannur Post, Pollachi Taluk, Coimbatore District.

For petitioner Mr. S. Kumaran for Mr. R. Ramesh For RR 1 to 3 Mr. K. Suresh, Govt. Advocate For RR 4 to 6 Mr. K. Karthikeyan, Govt. Advocate For R7 Mr. M.S. Arasakumar, Govt. Advocate

ORDER

(made by M. SUNDAR, J.)

Mr. S. Kumaran, learned counsel representing Mr. R. Ramesh, learned counsel on record for writ petitioner, expresses regret for not representing the matter in the previous listing on 01.07.2025 (yesterday). Therefore, the cause list caption 'FOR DISMISSAL' stands deleted. The matter is taken up for hearing.

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W.P.No.22745 of 2021

Learned counsel submits that the case papers were returned to the writ petitioner long ago with consent for change of vakalat. Registry informs us that no new counsel has entered appearance on behalf of the writ petitioner.

Writ petitioner came to the Court with a plea that a temple should not be put up in S.F.No.30/24, R. Gopalapuram, Mannur Post, Pollachi Taluk, Coimbatore District [hereinafter 'said land' for the sake of convenience and clarity] which is classified as 'natham road poramboke'.

Today, Mr. K. Karthikeyan, learned Government Advocate, HR & CE Department, submits, on instructions, that construction of temple has since been completed in the said land, temple is now under the control, management and administration of the Tamil Nadu Hindu Religious and Charitable Endowments Department. [To be noted, Mr. K. Karthikeyan, learned State counsel is so instructed by Ms. A. Bhagyavathi, Inspector, Office of the Inspector of HR & CE Department, Pollachi Division, Coimbatore].

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W.P.No.22745 of 2021

In the light of the narrative thus far, we are of the considered view that a closure can be given to the captioned writ petition and the writ miscellaneous petition thereat, albeit with preservation of all the rights and contentions of the writ petitioner (if any), for further action.

Captioned writ petition and writ miscellaneous petition thereat stand disposed of in the aforesaid manner. There shall be no order as to costs.

(M.S., J.) (H.C., J.) 02.07.2025

cad Index: Yes/No NC : Yes/No

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W.P.No.22745 of 2021

To

The District Collector Collectorate Buildings Coimbatore District 641 018

The Sub-Collector cum Revenue Divisional Officer O/o.The Sub-Colletor/Revenue Divisional Officer Pollachi 642 001

The Tahsildar O/o.The Tahsildar Pollachi 642 001

The Commissioner Hindu Religious and Charitable Endowments 119, Uthamar Gandhi Road Nungambakkam, Chennai 34

The Joint Commissioner (Regional) Hindu Religious and Charitable Endowments Commercial Tax Office Campus Dr.Balasundaram Road Coimbatore 641 018

The Assistant Commissioner Hindu Religious and Charitable Endowments Commercial Tax Office Campus Dr.Balasundaram Road Coimbatore 641 018

The President Ramapattinam Panchayat Office Ramanathapuram, Mannur Post Pollachi Taluk Coimbatore District 642 005

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W.P.No.22745 of 2021

M. SUNDAR, J.

and

HEMANT CHANDANGOUDAR, J.

cad

W.P.No.22745 of 2021

02.07.2025

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