Madras High Court
WP(MD)/28549/2026 of Malathi G Vs The Commissioner on 5 October 2026
W.P.(MD) No.28549 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.10.2026
CORAM
THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P.(MD) No.28549 of 2026
{CNR: HCMD011411562026}
Case QR
G.Malathi
... Petitioner
Vs.
1.The Commissioner,
Hindu Religious and Charitable
Endowments Department,
No.119, Nungambakkam Highway Road,
Chennai - 600 034.
2.The Executive Officer,
Arulmighu Odhanavaneswarar Swami Temple, Thiruchottruthurai Village, Thanjavur.
3.The Executive Officer,
Arulmighu Kailasanathar Thirukovil,
Thandagorai, Thanjavur.
4.The Trustee,
Sri Annapoorani Dharmachathiram and
Vedapadagasalai Trust,
Thiruchottruthurai Village, Thanjavur.
5.The Joint Commissioner,
Hindu Religious and Charitable
Endowments Department, Thanjavur.
... Respondents
(R5 is suo motu impleaded by this order)
W.P.(MD) No.28549 of 2026
Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus directing the first respondent to give No Objection Certificate for the petitioner's property in Survey No.147/H2, Thiruchottruthurai Village, Thiruvaiyaru Taluk, Thanjavur District, based on the petitioner's representation dated 11.02.2026.
For Petitioner
: Mr.C.Vakeeswaran
For R1, R4 & R5 : Mr.S.Iniyan Karthik
Government Advocate (Civil)
For R2 & R3
: Mr.V.Chandrasekar
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O R D E R
The petitioner asserts ownership of a property in Survey No.147/H2, Thiruchottruthurai Village, Thiruvaiyaru Taluk, Thanjavur District. After seeking a No Objection Certificate in respect of the said property, the petitioner has approached this Court for a mandamus.
2. Mr.S.Iniyan Karthik, learned Government Advocate (Civil), accepts notice for the first and fourth respondents. Mr.Chandrasekar, learned counsel, accepts notice for the second and third respondents.
W.P.(MD) No.28549 of 2026
3. The learned counsel for the petitioner submits that the first respondent is empowered to decide whether the land in Survey No.147/H2, Thiruchottruthurai Village, Thiruvaiyaru Taluk, Thanjavur District, belongs to the religious institution in question or to the petitioner. He seeks a direction to that effect.
4. Under Section 63 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, the Joint Commissioner is empowered to decide the dispute raised by the petitioner. Therefore, the jurisdictional Joint Commissioner, i.e., the Joint Commissioner, Hindu Religious and Charitable Endowments Department, Thanjavur, is suo motu impleaded as the fifth respondent. Mr.S.Iniyan Karthik, learned Government Advocate (Civil), also accepts notice for the newly impleaded fifth respondent.
5. Directing the newly impleaded fifth respondent to consider and dispose of the petitioner's representation dated 11.02.2026 within a period of three months from the date of receipt of a copy of this order, this Writ Petition stands disposed of. It is needless to state that a reasonable
W.P.(MD) No.28549 of 2026 opportunity should be provided to the petitioner and the Trustee before the decision is taken. There shall be no order as to costs. 05.10.2026 JEN NCC : No Index : No Note : This order shall be issued after carrying out the necessary amendments. To
1. The Commissioner, Hindu Religious and Charitable Endowments Department, No.119, Nungambakkam Highway Road, Chennai - 600 034.
2. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Thanjavur.
W.P.(MD) No.28549 of 2026 SENTHILKUMAR RAMAMOORTHY, J. JEN W.P.(MD) No.28549 of 2026 05.10.2026