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2025 Supreme(Online)(Mad) 10745

MADRAS HIGH COURT
J. Nisha Banu, *S. Srimathy, JJ.
Ganeshkumar T. D. v. Commissioner Hindu Religious and Charitable Endowments Chennai
W. P. (MD) No. 19323 of 2024



1. The present writ petition is filed for Writ of Mandamus, to direct the respondents 1 to 6 herein to take appropriate steps for restoration of the lands in S.No.148, Keeranur Village, Palani Taluk, Dindigul District, measuring an extent of 3.42.5 hectares to Arulmigu Kandyamman Temple, Keeranur Town, Palani Taluk, Dindigul District, by cancelling all the sub divisions made therein and by removing all the unauthorised constructions made by the respondents 7 to 9 by considering the petitioner's representation, dated 30.01.2024.

2. The brief facts as stated in the affidavit are that the petitioner is the Managing Trustee of the Arulmighu Kandyamman Temple, Keeranur Town which is a public temple has a history dating back 800 years. The temple was established during the Zamin period and the entire administration has been managed by the Kongu Vellala Gounder community, subsequently the scheme dated 17.09.1992 was framed in O.A.No.32 of 1990. As per the scheme, the temple is to be administered by the Kongu Vellala Gounder community, Bhavala Kulathavar and Kanakkar Kulathavars and they alone are entitled for administering the temple and they are to be elected by the aforesaid community as per scheme. The temple owns some lands and the income derived from these lands is used for administering the temple, which is evident from the Dindigul Anna District Gazette, published on 09.10.1992. The land in S.No.148, situated at Keeranur Village, Palani Taluk measuring about 3.42.5 hectares, originally belonged to the temple and all the revenue records, survey and resettlement documents stands in the name of the temple. The 8th respondent, who is the head of the Scheduled Community people and has no connection with the temple administration and its properties, attempted to usurp the property from the temple and at one point threatened the then temporary Trustee namely Kandimuthu Gounder and other trustees to give consent letter for the subdivision of the temple lands in S.No.148 and they had also without any authority had executed a consent letter for sub division. Trustees don't have power to part with temple property and the same is void under S.34 of HR and CE Act. However, it appears that the Revenue Divisional Officer, Palani, through his proceedings, dated 25.09.2007, subdivided the said temple land in S.No.148 into S.No.148/1 extending about 1.96 hectares and classified as Keeranur Town Panchayat Kalam and S.No.148/3 extending about 1.40 hectares and classified as Kandyamman Temple. Thus, S.No.148/1 has now been grabbed and stands encroached upon by the Keeranur Town Panchayat, which has built two Government office buildings on that land illegally. In S.No. 148/3 measuring about 1.40 hectares classified as temple land, the trustees and devotees of the temple have decided to construct an Annadhana Mandapam for the temple on that land. However, the respondents 8 and 9 and the Keeranur Town Panchayat officials objected and prevented them from constructing the Annadhana Mandapam. Hence, the temple administration trustee filed W.P.(MD)No.13854 of 2011 for Writ of Mandamus directing the respondents 1 and 2 to give police protection for construction based on the petitioner's representation dated 20.07.2011, which was allowed on 21.03.2012 and this Court has held as under:
"6. The petitioner is directed to obtain permission from the loc authority for the purpose of constructing the Annadhana Mandapam. In case, there is any objection for construction, even after obtaining the planning permission, it is open to him to approach the second respondent to give police protection for the purpose of construction. The police can be directed to give police protection only to protect an established right. There is nothing on record to show that the petitioner obtained permission from the Panchayat. In case, there is any such permission, necessarily, the police has to give assistance to complete the construction.
7 The writ petition is allowed as indicated ab
















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