G.E.Jayashankar Vs the Commissioner — Writ and Judicial Review | Madras HC (2025)

G.E.Jayashankar Vs the Commissioner — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Direction to the second respondent (Joint Commissioner, HR&CE Department, Vellore) to enquire into the petitioner's representation/complaint regarding the temple property, issuing notices to the petitioner and concerned persons including the third and fourth respondents, and to decide in accordance with law, completing the exercise within twelve weeks from receipt of the web copy of the order without awaiting the certified copy; the merits of the alleged fraudulent sale deeds were expressly not entered into; connected miscellaneous petition W.M.P.No.9689 of 2025 closed; no costs.

Issue for consideration

Whether the Sale Deed dated 04.05.2007 (Doc.No.1076/2007), the Ratification Deed dated 07.11.2007 (Doc.No.2404/2007) and the Sale Deed dated 19.05.2008 (Doc.No.1034/2008), all registered at SRO, Periamet, together with the subsequent patta issued to the fourth respondent, are illegal, unlawful and fraudulent and should be cancelled, with recovery of the property at Door No.4/9, Alathur Subramaniya Achari Street, Choolai, Chennai -600 112 and criminal action against the fourth respondent (raised by the petitioner; not adjudicated on merits by this Court). +1 more

Ratio / Principle

Without going into the merits of the allegations, since a complaint has been lodged regarding the temple property, the second respondent shall take up the petitioner's representation for enquiry; notices shall be issued to the petitioner and to the concerned persons, including the third and fourth respondents; the complaint shall be enquired into and a decision made in accordance with law.

Key takeaways

The enquiry exercise shall be completed within a period of twelve weeks from the date of receipt of the web copy of the order, without waiting for the certified copy of the order.ratio¶29

Detailed headnote1 paragraphs

MADRAS HIGH COURT (Single Bench - D. Bharatha Chakravarthy, J.) | W.P.No.8665 of 2025 (with connected W.M.P.No.9689 of 2025) | decided 18.03.2025 | G.E.Jayashankar v. The Commissioner, HR&CE Department and Others. Writ of Mandamus under Article 226 of the Constitution of India seeking cancellation of the Sale Deed dated 04.05.2007 (Doc.No.1076/2007), Ratification Deed dated 07.11.2007 (Doc.No.2404/2007) and Sale Deed dated 19.05.2008 (Doc.No.1034/2008), all registered at SRO, Periamet, the subsequent patta issued in favour of the fourth respondent S. Indhu, recovery of the property at Door No.4/9, Alathur Subramaniya Achari Street, Choolai, Chennai -600 112, and initiation of criminal action, on the allegation that property originally endowed for Kattalai was later sold by the legal heirs of the original executor. Without going into the merits of the allegations, the Court directed the Joint Commissioner (second respondent) to take up the representation dated 24.01.2025 for enquiry, issue notices to the petitioner and concerned persons including the third and fourth respondents, decide in accordance with law, and complete the exercise within twelve weeks from receipt of the web copy of the order without waiting for the certified copy; connected miscellaneous petition closed; no costs.

W.P.No.8665 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY

W.P.No.8665 of 2025

and

W.M.P.No.9689 of 2025

G.E.JAYASHANKAR

... Petitioner

Vs

THE COMMISSIONER, HINDU RELIGIOUS & CHARITABLE ENDOWMENTS DEPARTMENT,

NUNGAMBAKKAM, CHENNAI-600 034.

THE JOINT COMMISSIONER, HINDU RELIGIOUS & CHARITABLE ENDOWMENTS DEPARTMENT,

NO. 12/54, SONA PLAZA, RTO ROAD, SATHUVACHARI, VELLORE - 632 009.

THE HONORARY AGENT OF THE HEREDITARY TRUSTEE, A/M. VEERARAGHAVASWAMI DEVASTHANAM, TIRUVALLUR - 602 001.

S. INDHU ... Respondents

Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the first to third respondents herein to take appropriate and necessary action so as to cancel, nullify, setaside the illegal, unlawful and fraudulent Sale Deed, dated 04.05.2007 registered as Document No. 1076/2007 at the SRO, Periamet, Ratification Deed 07.11.2007, registered as Document No.2404/2007, at the SRO, Periamet, and

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W.P.No.8665 of 2025

Sale Deed dated 19.05.2008, registered as Document No.1034/2008 at the SRO, Periamet, and subsequent patta issued in the name of the fourth respondent as well as to recover the property at Door No.4/9, Alathur Subramaniya Achari Street, Choolai, Chennai -600 112, from the fourth respondent and initiate criminal action against the fourth respondent as well as against all those involved in such fraudulent activities within a time frame as may be fixed by this Court.

For Petitioner : Mr.W.M.Abdul Majeed For R1 to R3 : Mr.N.R.R.Arun Natarajan Special Government Pleader

ORDER

This writ petition is filed to direct the first to third respondents to take appropriate and necessary action so as to cancel, nullify, setaside the illegal, unlawful and fraudulent Sale Deed dated 04.05.2007 registered as Document No. 1076/2007 at the SRO, Periamet, Ratification Deed 07.11.2007, registered as Document No.2404/2007 at the SRO, Periamet, and Sale Deed dated 19.05.2008, registered as Document No.1034/2008 at the SRO, Periamet, and subsequent patta issued in the name of the fourth respondent as well as to recover the property at Door No.4/9, Alathur Subramaniya Achari Street, Choolai, Chennai -600 112, from the fourth respondent and initiate criminal action against the fourth respondent.

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W.P.No.8665 of 2025

The grievance of the writ petitioner is that the property, which was originally endowed for Kattalai, has later been sold by the legal heirs of the original executor. Therefore, the petitioner made a representation on 24.01.2025. His prayer is for action to be taken on the same.

Without going into the merits of the allegations made, since a complaint has been lodged regarding the temple property, the second respondent shall take up the petitioner’s representation for enquiry. Notices shall be issued to the petitioner as well as the concerned persons, including the third and fourth respondents. The complaint shall be enquired into and a decision can be made in accordance with the law. The said exercise shall be completed within a period of twelve weeks from the date of receipt of the web copy of the order, without waiting for the certified copy of the order. Consequently, connected miscellaneous petition is closed. No costs.

18.03.2025

Neutral Citation: Yes/No nsl

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W.P.No.8665 of 2025

To

THE COMMISSIONER, HINDU RELIGIOUS & CHARITABLE ENDOWMENTS DEPARTMENT,

NUNGAMBAKKAM, CHENNAI-600 034.

THE JOINT COMMISSIONER, HINDU RELIGIOUS & CHARITABLE ENDOWMENTS DEPARTMENT,

NO. 12/54, SONA PLAZA, RTO ROAD, SATHUVACHARI, VELLORE - 632 009.

THE HONORARY AGENT OF THE HEREDITARY TRUSTEE, A/M. VEERARAGHAVASWAMI DEVASTHANAM, TIRUVALLUR - 602 001.

https://www.mhc.tn.gov.in/judis

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W.P.No.8665 of 2025

D.BHARATHA CHAKRAVARTHY, J.

nsl

W.P.No.8665 of 2025

18.03.2025

https://www.mhc.tn.gov.in/judis

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