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2026 Supreme(Online)(Mad) 37867

IN THE HIGH COURT OF JUDICATURE AT MADRAS
D.Bharatha Chakravarthy, J
Venkateshkumar – Appellant
Versus
Joint Commissioner, Hindu Religious and Charitable Endowment Department, Dindigul – Respondent
Writ Petition



Advocates:
For the Appellants/Petitioners: Mr.G.Gomathisankar
For the Respondents: Mr.M.Sarangan Additional Government Pleader

Court directs temple authorities to complete land survey before considering lease claims of possessory cultivators.

Headnote:Under Article 226 of the Constitution of India, the petitioner seeks a writ of mandamus directing consideration of a representation for lease of temple land in possession. Petitioner claims cultivating tenancy of 1 acre 60 cents at S.No.1891, Palayam Village. Court notes ongoing survey of temple lands by respondents. Issue framed as whether to direct consideration of petitioner's lease representation pending survey. Respondents submit claims will be considered post-survey and enumeration. Court directs completion of survey before decision. Writ petition disposed of directing second respondent to complete survey, decide lease, and consider petitioner's request in accordance with law.

Table of Content
1. petition seeks mandamus for lease consideration on possessed temple land. (Para 1 , 2)
2. ongoing temple land survey delays claim consideration. (Para 3)
3. direct survey completion and lawful lease decision including petitioner's claim. (Para 4 , 5)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.04.2026 CORAM THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Venkateshkumar .. Petitioner – Vs. -

1.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Dindigul, Dindigul District.

2.The Executive Officer/Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Dindigul, Dindigul District. .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent herein to consider the petitioner's representation dated 07.03.2026 by way of lease out the property to the petitioner with regard to S.No.1891 to an extent of 1 acre 60 cents situated at Palayam Village, Gujiliamparai Taluk, For Petitioner : Mr.G.Gomathisankar For Respondents : Mr.M.Sarangan Additional Government Pleader

ORDER

The Writ Petition is filed for a Mandamus, directing the second respondent to consider the petitioner's representation dated 07.03.2026.

2. Upon hearing the learned counsel for the petitioner and perusing the representation, it is the case of the petitioner that the petitioner is in possession and cultivation of the said lands. The petitioner, ultimately, realizes that the lands belongs to Arulmigu Muthallamman Thirukovil, Palayam Village, Guijiliamparai Taluk. The petitioner, therefore, has made the representation for the temple to recognize the petitioner as the cultivating tenant in respect of the said lands.

3. When the matter came up for admission, the learned Additional Government Pleader, taking notice on behalf of respondents, would submit that currently the process of enumerating the temple lands and surveying is being undertaken. Once the lands are leased out at the relevant point of time, the claim of the petitioner will be considered. For the present, the temple has not come to any conclusion with reference to the possession or enjoyment of any particular land by anybody. Only after the completion of the survey and steps are being taken, the petitioner's request shall be considered in accordance with law.

4. In view thereof, let the second respondent being the Executive officer of the Temple, complete the survey and take a decision in the manner known to law and if a decision is taken to lease out the lands at the relevant point of time, the petitioner's request shall also be considered in the manner known to law and appropriate orders be passed.

5. Accordingly, this Writ Petition is disposed of on the above terms. No costs.

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