1. This writ petition has been filed seeking a writ of Certiorarified Mandamus to call for the records in Na.Ka.No.65/2017/E-1, dated 30.06.2017 on the file of the third respondent and quash the same and direct the respondents 2 and 3 to take action against the fourth respondent and recover the temple lands, more specifically mentioned in the annexure enclosed along with the affidavit.

2. Facts necessary for the disposal of this writ petition, are as follows:

2.1. The petitioners herein are the Power Agents of one P.Lakshmanan, Hereditary Trustee of Arulmigu Avudainayagi Ambal Sametha Desiganatha Swami Temple, Nagara Soorakudy, Poovandipatti, Chettinadu, Sivagangai District. The said temple, which is declared as non-listed temple under Section 46 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, (hereinafter shortly referred to as ‘HR & CE Act’) owns several immovable and movable properties and they are being administered by the hereditary trustees.

2.2. The temple is the title holder of 76 acres 65 cents of landed properties, out of which, 31.5 acres has been classified as common land for communal use. The temple has been granted with patta by the settlement authorities in respect of 45.5 acres of land and the same has been confirmed by the order of this Court in S.T.A.No.4 of 1986 on 29.09.2000.

2.3. According to the petitioners, as on date, about 1865 pullis (member trustees) alone are having the right to worship the temple, besides the public are also allowed to worship the temple, however, with permission. 12 members are identified as hereditary trustees and on rotation, two members are holding the posts every year.

2.4. It is alleged that the fourth respondent started alienating the temple properties high-handedly and the present trustee came to know about the alienations of temple lands by the fourth respondent, without the sanction of the Commissioner, Hindu Religious and Charitable Endowment Department, Chennai.

2.5. Moreover, Section 34 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, prohibits any alienation of any religious institution. Hence, the alienations made by the fourth respondent are null and void. The alleged respective alienees who claimed that they are in possession filed civil suits seeking a decree for specific performance.

2.6. Thereafter, the petitioner made a representation dated 30.11.2016 to the Commissioner, Hindu Religious and Charitable Endowment Department, a copy of which, was also marked to the second respondent, who, in turn, directed the third respondent to conduct an enquiry and initiate appropriate action to recover the temple lands.

2.7. In the meanwhile, the third respondent passed the impugned order directing the present trustees to approach the civil Court by way of an appeal against the judgment and decree passed in O.S.Nos.37 and 51 of 2008 on the file of the Principal District Munsif Court, Karaikudi, to recover the temple properties.

2.8. Aggrieved thereby, the present writ petition has been filed.

3. Mr.S.Ramesh, learned Counsel for the petitioner made the following submissions:

3.1. The petitioner is the hereditary trustee of Arulmigu Avudainayagi Ambal Sametha Desiganatha Swami Temple, Nagara Soorakudy, Poovandipatti, Chettinadu, Sivagangai District.

3.2. The said temple is a declared non-listed temple under Section 46 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959.

3.3. The temple is the title holder of 76 acres 65 cents of landed properties, of which, 31.5 acres has been classified as common lands for communal use and the remaining 45.5 acres has been granted with patta by the settlement authorities as confirmed by this Court in S.T.A.No.4 of 1986, on 29.09.2000. 3.4. The fourth respondent camouflaged to alienate the temple lands based on a resolution and accordingly, he created some documents to show that he was empowered to alienate the temple lands. Further, collusive suits were filed based on agreements and unregi