Madras High Court

WP(MD)/17762/2026 of M.Veluchamy Vs The Sub Registrar on 28 October 2026

WP(MD) No. 17762 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 28-10-2026

CORAM

THE HON'BLE MR. JUSTICE K.KUMARESH BABU

WP(MD) No. 17762 of 2026

CNR:{HCMD010757062026}

AND

WMP(MD) No. 13150 of 2026

1. M.Veluchamy

2. P.Ganesan

3. P.Kathiresan

4. K.Muthuraja

5. R.Jeyabalan

6. G.Sivanandi

..Petitioners

Vs

1. The Sub Registrar,

Thiruppuvanam,

Sivagangai District.

2. K.Agniveeran

3. The Joint Commissioner Hindu Religious and Charitable Endowments Department Ellis Nagar, Madurai-16

..Respondent(s)

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari calling for the records relating to the Trust Deed Document dated 05.02.2020 registered as Doc. No.308/2020 on the file of the 1st respondent and quash the same as illegal.

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WP(MD) No. 17762 of 2026

For Petitioners

:Mr.T.A. Ebenezer

For R1

:Mr.I.Pinaygash

Special Government Pleader

For R2

:Mr.T.Anony Arulraj

For R3

:Mr.M.S.Parthiban

Additional Government Pleader

ORDER

The present Writ Petition has been filed in the nature of a Writ of Certiorari to cancel the trust deed, dated 05.02.2020, registered on the file of the first respondent.

2. Heard the learned Counsel on either side.

3. The claim of the petitioners is that the petitioners are all interested in the Temple by name, Arulmigu Santhanayee, Sivanayee Sametha Sri Kottarudaiya Ayyanarkoil and that the second respondent along with others have created a trust and attempting to usurp the properties belonging to the Temple.

4. The learned Counsel appearing for the second respondent, on the other hand, would contend that the present Writ Petition is not maintainable, as the petitioners are neither trustees of the said trust nor

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WP(MD) No. 17762 of 2026 the trust has been impleaded as a necessary party to this Writ Petition and also that the other trustees of the trust has also not been impleaded in the present Writ Petition.

5. This Court is of the view that this Court under Article 226 of the Constitution of India cannot be adjudicating upon a dispute with regard to the creation of a trust or the disputed facts relating to usufructuary the property belonging to the Temple.

6. It is further to be noted that Section 63 of the Tamil Nadu Hindu Religious and Endowments Act, 1959, provides for such disputes being resolved before the authority concerned. Even though the Temple is a private Temple and the Trust which has been created for a religious public purpose, this Court is of the view that in view of the subsequent amendments made in the Act particularly Subsection 19 of Section 6, the authorities under the HR and CE Act can also wield the power of superintendence over the private Temples.

7. In such view of the matter, the Writ Petition stands disposed of with the liberty to the petitioners to adjudicate their rights by making out necessary application under the provisions of the Tamil Nadu Hindu

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WP(MD) No. 17762 of 2026 Religious and Endowments Act, 1959. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 28-10-2026 Index: Yes/No (2/2) Speaking/Non-speaking order Neutral Citation: Yes/No cmr To

1. The Joint Commissioner Hindu Religious and Charitable Endowments Department Ellis Nagar, Madurai-16.

2. The Sub Registrar, Thiruppuvanam, Sivagangai District.

WP(MD) No. 17762 of 2026 K.KUMARESH BABU, J. cmr WP(MD) No. 17762 of 2026 28-10-2026 (2/2)

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