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2026 Supreme(Online)(Mad) 43846

IN THE HIGH COURT OF JUDICATURE AT MADRAS
D. Bharatha Chakravarthy, J
Vembayee – Appellant
Versus
Commissioner, Hindu Religious and Charitable Endowments Department – Respondent
W.P.(MD)No.14287 of 2026|W.M.P.(MD)No.10705 of 2026



Advocates:
For the Appellants/Petitioners: R.Gunasekaran
For the Respondents: D.Gandhiraj, P.Athimoolapandian

Disputed questions of title, ownership, and possession of immovable property involve factual inquiries that should be adjudicated by a competent civil court rather than through a writ petition filed under Article 226 of the Constitution.

Headnote:The petitioner sought a writ of mandamus to prevent the authorities from interfering with the peaceful possession of certain land based on a Ryotwari patta granted in 1967 under the Tamil Nadu Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963. The respondents contended that the title and possession are disputed, citing entries in the 'A' register indicating the temple's ownership. The court held that disputed questions of title regarding immovable property cannot be adjudicated in writ proceedings. The issue before the court was whether it could grant an injunction against temple authorities from asserting title over land in a writ petition under Article 226. The ratio decidendi holds that where a bona fide dispute exists concerning the title and possession of landed property between a private individual and a religious institution, the appropriate forum for resolution is a competent civil court, as the writ jurisdiction is not meant for determining such factual disputes. The writ petition was disposed of by granting liberty to the petitioner to approach the competent civil court to seek appropriate relief.

Table of Content
1. nature of writ seeking protection against interference with possession. (Para 1)
2. writ court cannot adjudicate disputed questions of title and possession. (Para 2 , 3)
3. disposal of petition with liberty to seek remedy in civil court. (Para 4)

2026:MHC:1771 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.05.2026 CORAM THE HON’BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.(MD)No.14287 of 2026 and W.M.P.(MD)No.10705 of 2026 Vembayee ... Petitioner vs.

1.The Commissioner, Hindu Religious and Charitable Endowments Department, Nungambakkam, Chennai. 2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Karur.

3.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Karur, Karur District.

4.The Executive Officer, Arulmighu Agastheeswarar Temple, Thirumukkoodal, Karur District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to forbear the respondents, their men, agents or anybody acting under them from in any manner interfering with the petitioner’s peaceful possession and enjoyment of the property comprised in Survey Nos.960 and 965 situated at Jegadabi Village, Karur Taluk, Karur District, pursuant to Ryotwari Patta granted by the Settlement Tahsildar by order dated 08.05.1967 under the provisions of the Tamil Nadu Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963, and consequently restrain the respondents from erecting boards or claiming the property as temple land.

For Petitioner :Mr.R.Gunasekaran For R1 to R3 :Mr.D.Gandhiraj Special Government Pleader For R4 :Mr.P.Athimoolapandian *****

O R D E R

The Writ Petition is filed for a Mandamus forbearing the respondents, their men, agents or anybody acting under them from in any manner interfering with the petitioner’s peaceful possession and enjoyment of the property comprised in Survey Nos.960 and 965 situated at Jegadabi Village, Karur Taluk, Karur District, pursuant to the Ryotwari Patta granted by the Settlement Tahsildar by order, dated 08.05.1967 under the provisions of the Tamil Nadu Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963, and consequently restraining the respondents from erecting boards claiming the property belongs to the temple.

2.When the matter came up for admission, the learned Counsel appearing on behalf of the respondent Temple would dispute the said position with reference to the title as well as the possession and would submit that patta stands in the name of the temple. A copy of the 'A' register is also produced to claim that the name of the temple, namely Arulmighu Thirumukkoodal Agastheeswarar Temple, Karur District, is entered into the 'A' register.

3.When there is a dispute as to the title of the land, this Court cannot decide or restrain the temple authorities from erecting the board etc. If the petitioner claims that she is the owner of the property and is in possession of the property, it will be very well open to the petitioner to approach the competent civil Court as against the Temple and seek for appropriate relief.

4.With the said liberty kept open, the Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

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