Madras High Court

WP(MD)/28482/2026 of P.Maheswari Vaiyapuri Vs The Commissioner on 2 November 2026

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 02-11-2026

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN

AND

THE HON'BLE MR. JUSTICE K.K. RAMAKRISHNAN

WP(MD) No. 28482 of 2026

CNR:{HCMD011351552026}

P.Maheswari Vaiyapuri

..Petitioner(s)

Vs

1. The Commissioner,

Hindu Religious and Charitable Endowment Department, Numgambakkam, Chennai-600 034.

2. The Joint Commissioner,

Hindu Religious and Charitable Endowment Department, Thanjavur Region, Palace Temple Road, Thanjavur.

3. The Assistant Commissioner,

Hindu Religious and Charitable Endowment Department, Thanjavur Region, Sachithananda Moopanar Road, Thanjavur.

4. The District Collector,

Thanjavur District, Thanjavur.

5. The District Revenue Officer,

Thanjavur District, Thanjavur.

6. The Revenue Divisional Officer,

Thanjavur, Thanjavur District.

7. The Assistant Director,

Survey and Land Records Department,

Thanjavur, Thanjavur District.

8. The Tahsildar,

Orathanadu Taluk, Thanjavur District.

9. The Executive Officer,

Arulmigu Veninathaswamy Temple,

Sadaiyarkovil, Orathanadu Taluk,

Thanjavur District.

10.Sivasamy

11.Palani

12.Vadivel

13.Kaliyaperumal

14.Kaliyaperumal

15.Revathi

16.Veerayan

17.Veerasamy

18.Thangachiyammal

19.Marimuthu

20.Kannaya

21.Nadesan

22.Panneerselvam

23.Mariyappan

24.Arumugam

25.Somu

26.Ramasamy

27.Palani

28.Marimuthu

29.Marimuthu

30.Muthusamy

31.Subbaiah

32.Muthulakshmi

33.Thangayan

..Respondent(s)

PRAYER: Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus, directing the respondents 1 to 9 to cancel the illegal patta transfer made in favour of the private respondents 10 to 33 in Survey Nos. 274 (old Survey No.

274/1) and 455 (old Survey No. 274/2B) in Sadaiyarkovil Village, Orathanadu Taluk, Thanjavur District and restore the land ownership back to Arulmigu Veninathaswamy Temple, Sadaiyarkovil Village, Orathanadu Taluk, Thanjavur District within a time frame that may be stipulated by this Hon’ble Court.

For Petitioner(s)

:No appearance

For Respondent(s)

:Mr.M.P.Senthil, Govt. Pleader

for R1 to R8

Mr.Chandrasekaran, for R9

Mr.T.Indirachithu for R15

No appearance for R10 to R14, R17

to R28, R30, R32 and R33

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ORDER

(Order of the Court was made by P. VELMURUGAN J.) The prayer in the present Writ Petition is for issuance of a Writ of Mandamus, directing the respondents 1 to 9 to cancel the patta transfers allegedly effected illegally in favour of the private respondents 10 to 33 in respect of the lands comprised in Survey Nos.274 (Old Survey

No.274/1) and 455 (Old Survey No.274/2B), situated at Sadaiyarkovil Village, Orathanadu Taluk, Thanjavur District, and consequently restore the ownership of the said lands in favour of Arulmigu Veninathaswamy Temple, Sadaiyarkovil Village, Orathanadu Taluk, Thanjavur District, within a time frame to be stipulated by this Court.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the official respondents and perused the materials available on record.

3. A perusal of the letter dated 29.07.2026 addressed by the 9th respondent/Executive Officer of Arulmigu Veninathaswamy Temple, Sadaiyarkovil, Orathanadu Taluk, Thanjavur District, to the 6th respondent/Revenue Divisional Officer, Thanjavur, would reveal that the lands comprised in the aforesaid survey numbers are claimed to belong to the 9th respondent Temple. It is further stated therein that, subsequently, sub-divisions were effected and pattas were granted in favour of the private respondents 10 to 33. It is also brought to the notice of this Court that some of the private respondents are no more and the whereabouts of certain other private respondents are not known.

4. In view of the above, this Court is of the considered view that the representation submitted by the 9th respondent requires consideration by the competent revenue authority after affording due opportunity to all the persons concerned. Since the patta transfers in question involve the rights and interests of the private respondents 10 to 33, no decision can be taken without issuing notice to them and providing them with an opportunity of hearing.

5. Accordingly, the 6th respondent/Revenue Divisional Officer, Thanjavur, is directed to issue notice to all the private respondents 10 to 33 and, in respect of those who are no more, to their respective legal representatives/legal heirs. In cases where the whereabouts of any of the private respondents are not known, the 6th respondent shall take appropriate steps to effect service of notice in accordance with law.

6. Upon issuance of such notices, the 6th respondent shall conduct an enquiry, afford sufficient opportunity of personal hearing to the private respondents and their respective legal representatives/legal heirs, wherever applicable, and thereafter pass appropriate orders on merits and in accordance with law, after taking into consideration the representation dated 29.07.2026 submitted by the 9th respondent/Executive Officer of the Temple, on or before 14.12.2026. The 6th respondent shall also file a compliance report before this Court on 15.12.2026.

7. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs. (P.V.,J.) (K.K.R.K.,J.) 02-11-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No bala To

1. The Commissioner, Hindu Religious and Charitable Endowment Department, Numgambakkam, Chennai-600 034.

2. The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Thanjavur Region, Palace Temple Road, Thanjavur.

3. The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Thanjavur Region, Sachithananda Moopanar Road, Thanjavur.

4. The District Collector, Thanjavur District, Thanjavur.

5. The District Revenue Officer, Thanjavur District, Thanjavur.

6. The Revenue Divisional Officer, Thanjavur, Thanjavur District.

7. The Assistant Director, Survey and Land Records Department, Thanjavur, Thanjavur District.

8. The Tahsildar, Orathanadu Taluk, Thanjavur District.

9. The Executive Officer, Arulmigu Veninathaswamy Temple, Sadaiyarkovil, Orathanadu Taluk, Thanjavur District.

P.VELMURUGAN, J. AND K.K.RAMAKRISHNAN, J. bala WP(MD) No. 28482 of 2026 02-11-2026

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