Madras High Court
K.Sarala vs The Secretary To Government on 11 September, 2025
Author: M.Dhandapani
Bench: M.Dhandapani
W.P.No.34587 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.09.2025
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.34587 of 2025
And
W.M.P.No.38761 of 2025
K.SARALA ... Petitioner
Vs.
1 THE SECRETARY TO GOVERNMENT,
HINDU RELIGIOUS & CHARITABLE ENDOWMENTS DEPARTMENT,
SECRETARIAT,
CHENNAI – 600 009.
2 THE COMMISSIONER,
HINDU RELIGIOUS & CHARITABLE ENDOWMENTS DEPARTMENT,
NUNGAMBAKKAM HIGH ROAD,
CHENNAI – 600 034.
3 JOINT COMMISSIONER,
HINDU RELIGIOUS & CHARITABLE ENDOWMENTS DEPARTMENT,
NO.308, FIRST FLOOR, ARCOT ROAD,
KAKITHAPATTARI, VELLORE – 632 012.
4 ASSISTANT COMMISSIONER / EXECUTIVE OFFICER,
HINDU RELIGIOUS & CHARITABLE ENDOWMENTS DEPARTMENT,
ARULMIGU LAKSHMI NARASIMMA SWAMY TEMPLE,
SHOLINGHUR,
RANIPET – 631 102.
5 C.R.NARASHIMULU
6 C.R.PARTHASARATHY
7 C.R.NARAYANA BABU ... Respondents
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W.P.No.34587 of 2025
Prayer:
Petition filed under Article 226 of the Constitution of India to
issue a Writ of Mandamus directing the fourth respondent to consider
the representation dated 14.07.2025 and the subsequent
representation dated 06.08.2025 of the petitioner and consequently
forbear the 5th to 7th respondents from in any way of interfering
petitioner's peaceful functioning of the “Shri Nijanandha Swamy
Dharma Chathram” by delivering the religious and charitable purposes
located at Kondapalayam, Sholinghur, Ranipet District and pass
appropriate orders on the petitioner's representation dated 14.07.2025
within a time frame to be fixed by this Hon'ble Court.
For Petitioner : Mr.R.Babu
For Respondents : Mr.K.Karthikeyan for R1 to R4
Government Advocate
ORDER
The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the fourth respondent to consider the representation dated 14.07.2025 and the subsequent representation dated 06.08.2025 of the petitioner and consequently forbear the respondents 5 to 7 from in any way of interfering petitioner's peaceful functioning of “Shri Nijanandha Swamy Dharma Chathram” by delivering the religious and charitable purposes located at Kondapalayam, Sholinghur, Ranipet District and pass appropriate 2/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/09/2025 07:48:27 pm ) W.P.No.34587 of 2025 orders on the petitioner's representation dated 14.07.2025 within a time frame to be fixed by this Court.
2.The learned counsel appearing for the petitioner submitted that the petitioner is the great granddaughter of Sri Nijananda Swami @ Ranganayagalu Chetty. He founded and maintained a Dharma Chathiram at Kondapalayam, Sholinghur, Ranipet District for spiritual and charitable purposes and upon his demise, his daughter Parvathy Ammal constructed a permanent structure for the Dharma Chathiram in the year 1950. Subsequently, there was family dispute concerning the maintenance of the said Chathiram and taking advantage of the said dispute, one Lakshmi and her family encroached upon the premises and converted the Dharma Chathiram into a cow shed and used it for over two decades. Thereafter, the petitioner inorder to restore the structure to a usable and dignified state, spent a sum of Rs.50,00,000/-. Thereafter, some of the petitioner's relatives claim ownership of the Chathiram and are forcibly trying to seize the peaceful possession of the premises. In this regard, the petitioner made representation to the respondents, however, the same has not yet been considered. Hence, this Court may issue direction to the first respondent to consider the petitioner's representation dated 3/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/09/2025 07:48:27 pm ) W.P.No.34587 of 2025 14.07.2025 and the subsequent representation dated 06.08.2025 and to pass appropriate orders, within a reasonable time frame.
3.The learned Government Advocate submitted that already proceedings under Section 78 of the H.R.&C.E. Act has already been initiated against the person who claim to be in possession and the same is pending before the Joint Commissioner and further submitted that the petitioner's representation will be forwarded to the Joint Commissioner so as to enable him to pass appropriate orders. The learned Government Advocate further submitted that this Court may permit the petitioner to participate in the proceedings under Section 78 of the H.R.&C.E. Act, in the manner known to law.
4.In view of the above, the petitioner is directed to send a copy of the representation along with a copy of this order to the third respondent, within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the third respondent is directed to consider the said representation, on merits and in accordance with law, hear the petitioner and pass appropriate orders, along with the proceedings under Section 78 of the H.R.&C.E. Act, within a period of six weeks thereafter. The petitioner is permitted to 4/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/09/2025 07:48:27 pm ) W.P.No.34587 of 2025 participate in the proceedings under Section 78 of the H.R.&C.E. Act, in the manner known to law.
5.The writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
11.09.2025 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To 1 THE SECRETARY TO GOVERNMENT, HINDU RELIGIOUS & CHARITABLE ENDOWMENTS DEPARTMENT, SECRETARIAT, CHENNAI – 600 009.
2 THE COMMISSIONER, HINDU RELIGIOUS & CHARITABLE ENDOWMENTS DEPARTMENT, NUNGAMBAKKAM HIGH ROAD, CHENNAI – 600 034.
3 JOINT COMMISSIONER, HINDU RELIGIOUS & CHARITABLE ENDOWMENTS DEPARTMENT, NO.308, FIRST FLOOR, ARCOT ROAD, KAKITHAPATTARI, VELLORE – 632 012.
4 ASSISTANT COMMISSIONER / EXECUTIVE OFFICER, HINDU RELIGIOUS & CHARITABLE ENDOWMENTS DEPARTMENT, ARULMIGU LAKSHMI NARASIMMA SWAMY TEMPLE, SHOLINGHUR, RANIPET – 631 102.
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