A.Sharmila Vs The District Collector — Writ and Judicial Review | Madras HC (2025)

A.Sharmila Vs The District Collector — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Writ of Mandamus granted: the fifth respondent (Sub Registrar) to register documents pertaining to the petitioner's land after the official respondents complete the directed notice-and-enquiry into the temple's claim (as per Sudha Ravi Kumar, 2017 (3) CTC 135 (DB)) within eight weeks; no order as to costs.

Issue for consideration

Whether a writ of mandamus should direct the fifth respondent (Sub Registrar) to register documents pertaining to the petitioner's land in R.S.No.114/1C (Plot No.10, Chitrakala Colony, Thirunagar), Thiruparankundram Village, Madurai, after a detailed report on how the third respondent temple claims rights over the property. +1 more

Ratio / Principle

The official respondents are directed to issue notice to the petitioner as well as the temple and conduct an enquiry as per the judgment rendered in Sudha Ravi Kumar and another v. Special Commissioner and Commissioner, Hindu Religious and Charitable Endowment Department, Chennai.

Key takeaways

The notice-and-enquiry exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order.ratio¶26

Detailed headnote1 paragraphs

Writ Petition (Article 226) before the Madurai Bench of Madras High Court (S. Srimathy, J.; dated 01.08.2025) by the owner of land in R.S.No.114/1C (Plot No.10, Chitrakala Colony, Thirunagar), Thiruparankundram Village, Madurai, seeking a writ of mandamus directing the Sub Registrar (fifth respondent) to register documents pertaining to that land after a detailed report on how the third respondent temple, Arulmigu Subramania Swamy Thirukovil, claims rights over it. Holding: the court directs the official respondents to issue notice to the petitioner as well as the temple and conduct an enquiry as per the judgment in Sudha Ravi Kumar and another v. Special Commissioner and Commissioner, Hindu Religious and Charitable Endowment Department, Chennai, 2017 (3) CTC 135 (DB), the exercise to be completed within eight weeks of receipt of the order; with that direction the writ petition is allowed, no costs.

W.P(MD)No.21037 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 01.08.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY

W.P(MD)No.21037 of 2025

A.Sharmila ... Petitioner

Vs

The District Collector, Madurai District, Madurai.

The Assistant Commissioner, Hindu Religious and Charitable Endowments Board, Madurai District.

The Executive Officer/Assistant Commissioner, Arulmigu Subramania Swamy Thirukovil, Thiruparankundram, Madurai.

The Tahsildhar, Thiruparankundram Taluk, Madurai.

The Sub Registrar, Thiruparankundram, Madurai. ... Respondents

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W.P(MD)No.21037 of 2025

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the fifth respondent to act accordingly in registering any documents pertaining to the land belonging to the petitioner in R.S.No.114/1C (Plot No.10, Chitrakala Colony, Thirunagar) of Thiruparankundram Village, Madurai, after availing detailed report over the said property as to how the third respondent is claiming the rights over the property within the time frame fixed by this Court.

For Petitioner : Mr.Gururaj.M For R-1, 4 & 5 : Mr.G.Suriya Ananth Special Government Pleader For R-2 : Mr.S.S.Madhavan For R-3 : Mr.V.Chandrasekar

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Mandamus, to direct the fifth respondent to act accordingly in registering any documents pertaining to the land belonging to the petitioner in R.S.No.114/1C (Plot No.10, Chitrakala Colony, Thirunagar) of Thiruparankundram Village, Madurai, after availing detailed report over the said property as to how the third respondent is claiming the rights over the property.

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W.P(MD)No.21037 of 2025

2. The contention of the petitioner is that the land belongs to him.

However, the temple, namely Arulmigu Subramania Swamy Thirukovil, is claiming right over the said property.

3. In view of the above, the official respondents are directed to issue notice to the petitioner as well as the temple and conduct an enquiry as per the judgment rendered in Sudha Ravi Kumar and another Vs. Special Commissioner and Commissioner, Hindu Religious and Charitable Endowment Department, Chennai , reported in 2017 (3) CTC 135 (DB). The said exercise shall be completed within a period of eight (8) weeks from the date of receipt of a copy of this order.

4. With the above said direction, this Writ Petition is allowed. There shall be no order as to costs.

01.08.2025

NCC : Yes / No Index : Yes / No Internet : Yes

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W.P(MD)No.21037 of 2025

To:

The District Collector, Madurai District, Madurai.

The Assistant Commissioner, Hindu Religious and Charitable Endowments Board, Madurai District.

The Executive Officer/Assistant Commissioner, Arulmigu Subramania Swamy Thirukovil, Thiruparankundram, Madurai.

The Tahsildhar, Thiruparankundram Taluk, Madurai.

The Sub Registrar, Thiruparankundram, Madurai.

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W.P(MD)No.21037 of 2025

S.SRIMATHY, J.

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ORDER MADE IN W.P(MD)No.21037 of 2025

DATED : 01.08.2025

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