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CDJ 2026 MHC 1338 print Preview print print
Court : Before the Madurai Bench of Madras High Court
Case No : C.R.P.(MD). Nos. 3632, 3678 to 3689, 3696, 3707, 3708, 3723, 3750, 3760, 3771, 3783, 3807, 3814, 3822, 3878, 3888, 3889, 3890, 3891, 3892, 3893, 3907 to 3910 of 2025, 108 & 114 to 129, 317, 362, 363, 364, 378, 385, 402, 403, 428, 435, 524 to 526 & 567 to 570 of 2026 & C.M.P.(MD). Nos. 19234, 19465 to 19476, 19517, 19556, 19557, 19634, 19744, 19795, 19857, 19904, 20045, 20089, 20128, 20347, 20391, 20392, 20395, 20396, 20397, 20398, 20426, 20427, 20428, 20429, of 2025, 493, 542, 548, 543, 546, 547, 549, 550, 551, 552, 554, 557, 559, 545, 553, 555, 556, 1660, 1661, 1666, 2287, 2288, 2289, 2566, 2564, 2567 & 2568 of 2026
Judges: THE HONOURABLE MR. JUSTICE N. SENTHILKUMAR
Parties : K. Lakshmi & Others Versus Arulmigu Balasubramaniya Swami Temple Devasthanam Vennaimalai, Rep. by its Managing Trustee/Fit Person, Karur & Others
Appearing Advocates : For the Appearing Parties: J. Ravindran, Additional Advocate General, F. Deepak, Special Government Pleader, J.K. Jayaseelan & P. Thambi Durai, Government Advocates, P. Athimoolapandian, D. Selvanayagam, R. Rama Guru, B. Prasaanavinoth, N. Shanmuga Selvam, D.S. Haroon Rasheed, P. Arun Jayatram, M. Shakulhameed, Advocates.
Date of Judgment : 27-02-2026
Head Note :-
Constitution of India - Article 227 -
Judgment :-

(Prayer : Civil Revision Petition is filed under Article 227 of the Constitution of India to direct the learned Principal Subordinate Judge, Karur to dispose the I.A.No.2 of 2025 in O.S.No.301 of 2025 within a time frame as fixed by this Court.

Civil Revision Petition is filed under Article 227 of the Constitution of India to direct the learned Principal Subordinate Judge, Karur to dispose of the case in I.A.No.2 of 2025 in O.S.No.441 of 2025 within a time frame as fixed by this Court.

Civil Revision Petition is filed under Article 227 of the Constitution of India to direct the learned Additional Subordinate Judge, Karur, to dispose of the case in I.A.No.3 of 2025 in O.S.No.312 of 2025 as expeditiously as possible within the time frame as stipulated by this Court.

Civil Revision Petition is filed under Article 227 of the Constitution of India to direct the learned Additional Subordinate Judge, Karur to dispose of the case in I.A.No.3 of 2025 in O.S.No.412 of 2025 as expeditiously as possible within the time frame as stipulated by this Court.

Civil Revision Petition is filed under Article 227 of the Constitution of India to direct the learned Additional Subordinate Judge, Karur to dispose of the case in I.A.No.2 of 2025 in O.S.No.108 of 2025 as expeditiously as possible within the time frame as stipulated by this Court.

Civil Revision Petition is filed under Article 227 of the Constitution of India to direct the learned Principal Subordinate Judge, Karur, to dispose of the case in I.A.No.2 of 2025 in O.S.No.286 of 2025 on the file of the Principal Subordinate Court, Karur, as expeditiously as possible within the time frame as stipulated by this Court.

Civil Revision Petition is filed under Article 227 of the Constitution of India to direct the learned Principal Subordinate Judge, Karur to dispose of the case in I.A.No.3 of 2025 in O.S.No.289 of 2025 as expeditiously as possible within the time frame as stipulated by this Court.

Civil Revision Petition is filed under Article 227 of the Constitution of India to direct the learned Principal Subordinate Judge, Karur to dispose of the case in I.A.No.1 of 2025 in O.S.No.279 of 2025 on the file of the Principal Subordinate Court, Karur, as expeditiously as possible within the time frame as stipulated by this Court.

Civil Revision Petition is filed under Article 227 of the Constitution of India to direct the learned Principal Subordinate Judge, Karur to dispose of the case in I.A.No.2 of 2025 in O.S.No.299 of 2025 as expeditiously as possible within the time frame as stipulated by this Court.

Civil Revision Petition is filed under Article 227 of the Constitution of India to direct the learned Principal Subordinate Judge, Karur to dispose of the case in I.A.No.3 of 2025 in O.S.No.595 of 2025 on the file of the Principal Subordinate Court, Karur, as expeditiously as possible within the time frame as stipulated by this Court.

Civil Revision Petition is filed under Article 227 of the Constitution of India to direct the learned Principal Subordinate Judge, Karur to dispose of the case in I.A.No.2 of 2025 in O.S.No.401 of 2025 as expeditiously as possible within the time frame as stipulated by this Court.

Civil Revision Petition is filed under Article 227 of the Constitution of India to direct the learned Additional Subordinate Judge, Karur to dispose of the case in I.A.No.3 of 2025 in O.S.No.136 of 2025 on the file of the Additional Subordinate Court, Karur, as expeditiously as possible within the time frame as stipulated by this Court.

Civil Revision Petition is filed under Article 227 of the Constitution of India to direct the learned Principal Subordinate Judge, Karur to dispose of the case in I.A.No.3 of 2025 in O.S.No.290 of 2025 as expeditiously as possible within the time frame as stipulated by this Court.

Civil Revision Petition is filed under Article 227 of the Constitution of India to direct the learned Principal Subordinate Judge, Karur to expedite the hearing in I.A.No.1 of 2025 in O.S.No.176 of 2025 and dispose of the same within the time frame as stipulated by this Court.

Civil Revision Petition is filed under Article 227 of the Constitution of India to direct the learned Principal Subordinate Judge, Karur, to expedite the hearing in I.A.No.1 of 2025 in O.S.No.192 of 2025 and dispose of the same within a time frame.

Civil Revision Petition is filed under Article 227 of the Constitution of India to direct the learned Principal Subordinate Judge, Karur to expedite the hearing in I.A.No.1 of 2025 in O.S.No.187 of 2025 and dispose of the same within a time frame.

Civil Revision Petition is filed under Article 227 of the Constitution of India to direct the learned Principal Subordinate Judge, Karur, to dispose of the case in I.A.No.1 of 2025 in O.S.No.198 of 2025 within a time frame as fixed by this Court.

Civil Revision Petition is filed under Article 227 of the Constitution of India to direct the learned Principal Subordinate Judge, Karur to dispose of the case in I.A.No.2 of 2025 in O.S.No.573 of 2025 within a time frame fixed by this Court.

Civil Revision Petition is filed under Article 227 of the Constitution of India to direct the learned Additional Subordinate Judge, Karur to dispose of the case in I.A.No.3 of 2025 in O.S.No.594 of 2025 on the file of the Additional Subordinate Court, Karur, as expeditiously as possible, within a time frame as stipulated by this Court.

Civil Revision Petition is filed under Article 227 of the Constitution of India to direct the learned Principal Subordinate Judge, Karur to dispose of the case in I.A.No.2 of 2025 in O.S.No.144 of 2025 within a time frame.

Civil Revision Petition is filed under Article 227 of the Constitution of India to direct the learned Principal Subordinate Judge, Karur, to dispose of the case in I.A.No.2 of 2025 in O.S.No.168 of 2025 within a time frame as fixed by this Court.

Civil Revision Petition is filed under Article 227 of the Constitution of India to direct the learned Subordinate Judge, Karur, to dispose of the case in I.A.No.1 of 2025 in O.S.No.178 of 2025 within a time frame as fixed by this Court.

Civil Revision Petition is filed under Article 227 of the Constitution of India to direct the learned Principal Subordinate Judge, Karur, to dispose of the case in I.A.No.2 of 2025 in O.S.No.170 of 2025 within a time frame as fixed by this Court.

Civil Revision Petition is filed under Article 227 of the Constitution of India to direct the learned Additional Subordinate Judge, Karur to dispose of the case in I.A.No.2 of 2025 in O.S.No.484 of 2025 as expeditiously as possible within a time frame as stipulated by this Court.

Civil Revision Petition is filed under Article 227 of the Constitution of India to direct the learned Principal Subordinate Judge, Karur to dispose the case in I.A.No.2 of 2025 in O.S.No.467 of 2025 within a time frame as fixed by this Court.

Civil Revision Petition is filed under Article 227 of the Constitution of India to direct the learned IV Additional Subordinate Judge, Karur, to dispose of the case in I.A.No.2 of 2025 in O.S.No.148 of 2025 within a time frame as fixed by this Court.

Civil Revision Petition is filed under Article 227 of the Constitution of India to direct the learned Principal District Munsif, Karur, to dispose of the case in I.A.No.3 of 2025 in O.S.No.354 of 2025 within a time frame as fixed by this Court.

Civil Revision Petition is filed under Article 227 of the Constitution of India to direct the learned Principal Subordinate Judge, Karur, to dispose of the case in I.A.No.3 of 2025 in O.S.No.143 of 2025 within a time frame as fixed by this Court.

Civil Revision Petition is filed under Article 227 of the Constitution of India to direct the learned Principal District Munsif, Karur, to dispose of the case in I.A.No.3 of 2025 in O.S.No.352 of 2025 within a time frame as fixed by this Court.

Civil Revision Petition is filed under Article 227 of the Constitution of India to direct the learned Principal Subordinate Judge, Karur, to dispose of the case in I.A.No.3 of 2025 in O.S.No.773 of 2025 within a time frame as fixed by this Court.

Civil Revision Petition is filed under Article 227 of the Constitution of India to direct the learned Principal Subordinate Judge, Karur, to dispose of the case in I.A.No.2 of 2025 in O.S.No.681 of 2025 within a time frame as fixed by this Court.

Civil Revision Petition is filed under Article 227 of the Constitution of India to direct the learned Principal Subordinate Judge, Karur to dispose of the case in I.A.No.2 of 2025 in O.S.No.146 of 2025 within a time frame as fixed by this Court.

Civil Revision Petition is filed under Article 227 of the Constitution of India to direct the learned Principal Subordinate Judge, Karur to dispose of the case in I.A.No.2 of 2025 in O.S.No.172 of 2025 within a time frame as fixed by this Court.

Civil Revision Petition is filed under Article 227 of the Constitution of India to direct the learned Principal Subordinate Judge, Karur to expedite the hearing in I.A.No.1 of 2025 in O.S.No.181 of 2025 and dispose of teh same within the time frame fixed.

Civil Revision Petition is filed under Article 227 of the Constitution of India to direct the learned Principal Subordinate Judge, Karur, to dispose of the case in I.A.No.2 of 2025 in O.S.No.172 of 2025 within a time frame as fixed by this Court.

Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the learned Principal Subordinate Judge, Karur to dispose of I.A.No.3 of 2025 in O.S.No.777 of 2025.

Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the learned Principal Subordinate Judge, Karur to dispose of I.A.No.3 of 2025 in O.S.No.649 of 2025.

Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the learned Additional Subordinate Judge, Karur to dispose of I.A.No.3 of 2025 in O.S.No.592 of 2025.

Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the learned Principal Subordinate Judge, Karur to dispose of I.A.No.1 of 2025 in O.S.No.431 of 2025.

Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the learned Principal Subordinate Judge, Karur to dispose of I.A.No.3 of 2025 in O.S.No.661 of 2025.

Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the learned Principal Subordinate Judge, Karur to dispose of I.A.No.3 of 2025 in O.S.No.241 of 2025.

Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the learned Additional Subordinate Judge, Karur to dispose of I.A.No.4 of 2025 in O.S.No.482 of 2025.

Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the learned Additional Subordinate Judge, Karur to dispose of I.A.No.3 of 2025 in O.S.No.242 of 2025.

Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the learned Additional Subordinate Judge, Karur to dispose of I.A.No.2 of 2025 in O.S.No.590 of 2025.

Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the learned Principal Subordinate Judge, Karur to dispose of I.A.No.3 of 2025 in O.S.No.651 of 2025.

Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the learned Principal Subordinate Judge, Karur to dispose of I.A.No.3 of 2025 in O.S.No.600 of 2025.

Civil Revision Petition filed under Article 227 of the Constitution of India, Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the learned Principal Subordinate Judge, Karur to dispose of I.A.No.3 of 2025 in O.S.No.786 of 2025.

Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the learned Principal Subordinate Judge, Karur to dispose of I.A.No.3 of 2025 in O.S.No.593 of 2025.

Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the learned Principal Subordinate Judge, Karur to dispose of I.A.No.2 of 2025 in O.S.No.653 of 2025.

Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the learned Principal Subordinate Judge, Karur to dispose of I.A.No.3 of 2025 in O.S.No.673 of 2025.

Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the learned Additional Subordinate Judge, Karur to dispose of I.A.No.2 of 2025 in O.S.No.394 of 2025.

Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the learned Additional Subordinate Judge, Karur to dispose of I.A.No.3 of 2025 in O.S.No.642 of 2025.

Civil Revision Petition filed under Article 227 of the Constitution of India, to expedite the hearing in I.A.No.2 of 2025 in O.S.No.251 of 2025 on the file of the Principal District Munsif Court, Karur and dispose the same within time frame as fixed by this Court.

Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the learned Principal Subordinate Judge, Karur, to dispose of the I.A.No.2 of 2025 in O.S.No.36 of 2026 within a time frame as fixed by this Court. For Petitioner : Mr.P.Arun Jayatram For R1 to R3 :Mr.J.Ravindran Additional Advocate General assisted by Mr.J.K.Jayaseelan and Mr.P.Thambi Durai Government Advocates For R4 and R5 : Mr.P.Athimoolapandian

Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the learned Principal Subordinate Judge, Karur, to dispose of the I.A.No.2 of 2025 in O.S.No.15 of 2026 within a time frame as fixed by this Court.

Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the learned Principal Subordinate Judge, Karur, to dispose of the I.A.No.3 of 2025 in O.S.No.23 of 2026 within a time frame as fixed by this Court.

Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the Principal Subordinate Judge, Karur to dispose of the I.A.No.3 of 2025 in O.S.No.606 of 2025 which is pending on its file as expeditiously as possible within the time stipulated by this Court.

Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the Principal Subordinate Judge, Karur to dispose of the I.A.No.2 of 2025 in O.S.No.689 of 2025 which is pending on its file as expeditiously as possible within the time stipulated by this Court.

Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the Principal Subordinate Judge, Karur to dispose of the I.A.No.3 of 2025 in O.S.No.612 of 2025 which is pending on its file as expeditiously as possible within the time stipulated by this Court.

Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the Principal Subordinate Judge, Karur to dispose of the I.A.No.3 of 2025 in O.S.No.613 of 2025 which is pending on its file as expeditiously as possible within the time stipulated by this Court.

Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the Principal Subordinate Judge, Karur to dispose of the I.A.No.4 of 2025 in O.S.No.656 of 2025 which is pending on its file as expeditiously as possible within the time stipulated by this Court.

Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the Principal Subordinate Judge, Karur to dispose of the I.A.No.4 of 2025 in O.S.No.633 of 2025 which is pending on its file as expeditiously as possible within the time stipulated by this Court.

Civil Revision Petition is filed under Article 227 of the Constitution of India to direct the learned Additional Subordinate Judge, Karur to dispose of the case in I.A.No.3 of 2025 in O.S.No.480 of 2025 as expeditiously as possible within a time frame as stipulated by this Court.

Civil Revision Petition is filed under Article 227 of the Constitution of India to direct the learned Additional Subordinate Judge, Karur to dispose of the case in I.A.No.3 of 2025 in O.S.No.764 of 2025 as expeditiously as possible within a time frame as stipulated by this Court.

 Civil Revision Petition is filed under Article 227 of the Constitution of India to direct the learned Additional Subordinate Judge, Karur to dispose of the case in I.A.No.2 of 2025 in O.S.No.128 of 2025 as expeditiously as possible within a time frame as stipulated by this Court.

Civil Revision Petition is filed under Article 227 of the Constitution of India to direct the learned Additional Subordinate Judge, Karur to dispose of the case in I.A.No.3 of 2025 in O.S.No.722 of 2025 as expeditiously as possible within a time frame as stipulated by this Court.

Civil Revision Petition is filed under Article 227 of the Constitution of India to direct the learned Additional Subordinate Judge, Karur to dispose of the case in I.A.No.2 of 2025 in O.S.No.724 of 2025 as expeditiously as possible within a time frame as stipulated by this Court.

Civil Revision Petition is filed under Article 227 of the Constitution of India to direct the learned Additional Subordinate Judge, Karur to dispose of the case in I.A.No.3 of 2025 in O.S.No.639 of 2025 as expeditiously as possible within a time frame as stipulated by this Court.

Civil Revision Petition is filed under Article 227 of the Constitution of India to direct the learned Additional Subordinate Judge, Karur to dispose of the case in I.A.No.3 of 2025 in O.S.No.640 of 2025 as expeditiously as possible within a time frame as stipulated by this Court.)

Common Order

1. The above batch of Civil Revision Petitions have been filed seeking a direction from this Court to direct the learned Principal Subordinate Judge, Karur, to dispose of their injunction applications within a stipulated period, as may be prescribed by this Court.

2. As the prayers as well as the facts in all these Revision Petitions are one and the same, by consent of all parties, the above Civil Revision Petitions are disposed of, by way of this common order.

3. For the easy reference, this Court proposes to discuss the facts in C.R.P(MD)No.3632 of 2025, which are as follows:

4. The petitioner claims title over the property situated at S.No.238/2, Kathaparai Village, Manmangalam Taluk, Karur District to an extent of 2768½ by way of a sale deed, dated 24.11.2017. Thereafter, the respondent Department has issued a notice to the petitioner and other similarly placed persons under Section 78 of the HR & CE Act and initiated proceedings before the Joint Commissioner, HR & CE Department, Tirupppur, alleging that the petitioner has encroached the temple property and after conducting summary enquiry, an order, dated 17.11.2022, came to be passed directing the petitioner to vacate the premises.

5. Challenging the said order, a batch of Writ Petitions in W.P(MD)No. 25821 of 2025 and batch were filed before this Court and this Court, vide order, dated 22.01.2025, had disposed of the said Writ Petitions with liberty to the petitioners to approach the appropriate Civil Court on or before 24.02.2025. Pursuant to the order passed by this Court, the petitioner has filed a suit in O.S.No.301 of 2025 before the Principal Subordinate Court, Karur, under Section 79(2) of the HR & CE Act. It is also to be noted that in the suit, the petitioner has filed an interlocutory application in I.A.No.2 of 2025 for temporary injunction restraining the respondents/defendants 1-5 and their men from disturbing the petitioner/plaintiff's peaceful possession, occupation and enjoyment of the petition mentioned property/suit property of the plaintiff till the disposal of the suit.

6. During the pendency of the suit, the fourth respondent herein has issued another notice, dated 28.08.2025, directing the petitioner to vacate the premises on or before 29.09.2025 failing which, they will evict the petitioner with the help of the revenue and police officials. In such circumstances, as no order has been passed in the application filed by the petitioner for temporary injunction by the trial Court, the present Civil Revision Petition has been filed for a direction to direct the learned Principal Subordinate Judge, Karur, to dispose the application in I.A.No.2 of 2025 in O.S.No.301 of 2025 within a time frame as fixed by this Court.

7. The learned Counsels appearing for the petitioners in the above batch of Civil Revision Petitions made the following submissions:

                     7.1)The lands in questions were notified by the Government of Tamil Nadu under the Minor Inam Abolition Act, 1963 and on the date of notification, the entire land was notified and vested with Government of Tamil Nadu as per Section 3 of Minor Inam Abolition Act, 1963 and no other person has any title or right over the property.

                     7.2)Pursuant thereto, after issuing notice to the parties concerned, pattas were granted under Section 8(1) of the Minor Inam Abolition Act, 1963, on 31.08.1967, in favour of the individuals, from whom, the petitioners have derived title, apart from the other previous sale deeds and the same was reversed in an appeal filed by the temple in the year 1979 without impleading the necessary parties, which is void ab initio and non est in the eye of law.

                     7.3)As per the directions of this Court in W.P.(MD)No.25821 of 2025 and Batch, dated 22.01.2025, the petitioners have filed the suit and during the pendency of the suit, the Act of the respondent in issuing the notice, dated 28.08.2025, directing the petitioners to vacate the subject premises is against the law and as the trial Court has also not disposed the interlocutory application filed by the petitioners and the trial Court only adjourned the application periodically.

                     7.4)The petitioners and others are residing in the subject properties for several decades and that initiation of present proceedings for evicting the petitioners and others will cause great hardship and mental agony to them.

                     7.5)If the interlocutory applications are not disposed of expeditiously, it will cause irreparable loss and injury to the petitioners and others, as the respondents are issuing eviction notice without following the due process of law and hence, they seeks speedy disposal of the injunction application filed by the petitioners herein.

8. The learned Counsels for the petitioners relied upon a judgment of this Court in the case of Adivaram Varthagargal Sangam, Palani and others vs State of Tamil Nadu and others, in W.P.No.10447 of 1999 and batch, dated 28.10.2008, for the proposition that the suit filed by the petitioners is maintainable under Section 79(2) of the HR & CE Act. In the said judgment, the learned Single Judge of this Court held as follows:

                     “31.So far as the titleholders are concerned, Section 79(2) provides for approaching the civil court for establishing their title. The argument that section 79(3) bars grant of injunction is not a true statement of law. Section 79(2) bars only the proceedings taken under section 78 by which only an encroacher is given notice. Since the title holder of the property is protected by section 79 (2) and the said subsection has a non-obstante clause, the Civil Court granting injunction is not barred under section 79(3). But, it is, however, subject to prima facie case or balance of convenience to be pleaded and proved to the satisfaction of such Civil Court.”

9. Mr.J.Ravindran, learned Additional Advocate General appearing for the HR & CE Department, submitted that the issue on hand has already been settled that the entire lands belong to the Temple and the only option available to the Revision Petitioners is that if they subject themselves as tenants, they will be treated as tenants as per the HR & CE Act. The learned Additional Advocate General further pointed out that in a matter of HR & CE, a suit cannot be entertained and once, a decision is being rendered by the Commissioner of HR & CE Department that the land belongs to the Temple, a suit cannot be entertained as per Section 79(2) of the HR & CE Act.

10. Mr.P.Aadhimoola Pandian, learned Counsel for the Temple submitted that they are willing to regulate the petitioners as tenants and the tenants are categorised as (1)the persons, who are occupying and encroached upon the temple properties, 2)the persons, who claiming title over the property; and 3)the petitioners having commercial building and subletting the commercial building. For the purpose of regulating the tenants, the rent is fixed as 0.5% on the market value and for commercial building/property, 1% of the market value was fixed as monthly rent. He also furnished the details of the petitioners, which are as follows:











11. Mr.P.Aadhimoola Pandian, learned Counsel for the Temple also submitted that as far as C.R.P(MD)Nos.3686, 3632 and 3687 of 2025 are concerned, the shops have already been sealed. He vehemently contended that the Revision Petitioners, who have been declared by the Hon'ble Division Bench that they are encroachers, despite the fact that though they claimed that they have right over the property, cannot be treated as landlords and right from inception, it has been identified and declared as temple property. He further submitted that even for a meagre sum, ie., 0.5% for the residential area and 1% for the commercial property, none of the Revision Petitioners have paid the rent and subjected themselves as a tenant to the said property. He also submitted that in C.R.P(MD)No.396 of 2025, the Court below has already passed orders in the pending interlocutory application vide order, dated 29.01.2026. Further, it is his claim that the petitioner in C.R.P(MD)No.3750 of 2025 has given a letter to the authorities concerned admitting his tenancy, however, now he has filed the present suit for declaration and for title, which itself cannot be maintainable. It is also submitted that the petitioners in C.R.P(MD)No.317 of 2026, have admitted that the suit property is a temple property, however, they filed the present suit for mandatory injunction and sale the temple property. Hence, the said suit is not maintainable. Hence, he seeks dismissal of these Civil Revision Petitions.

12. This Court considered submissions made by the learned Counsels on either side and perused the materials available on record.

13. It would be necessary to briefly narrate the facts, which are common in all the matters, to determine the issue involved in this batch of cases.

14. The batch of Civil Revision Petitions have been filed by the persons, who are occupying the Temple lands, ie., Arulmigu Balasubramaniya Swami Temple, Vennaimalai, Karur District.

15. The prayer sought for in almost all the Civil Revision Petitions are very limited. The prayer sought for in C.R.P(MD)No.3632 of 2025 is as follows:

                     “to direct the learned Principal Subordinate Judge, Karur, to dispose the application in I.A.No.2 of 2025 in O.S.No.301 of 2025 within a time frame, as fixed by this Court.”

16. By looking at this prayer, it only looks like asking this Court to give a direction to the trial Court to dispose of the injunction application within a time frame to be fixed by this Court. Normally, this Court grants time for speedy disposal of the injunction application as well as the suit. However, the respondent Temple and the HR & CE Department had vehemently raised an objection with regard to the maintainability of the suit.

17. The respondent Temple and the HR & CE Department had narrated the facts behind the suit, which is an unexploded landmine. The suit has a backdrop history emanating from one A.Radhakrishnan, who had filed a Public Interest Litigation before this Court in W.P(MD)No.64 of 2018 alleging that huge respondent Temple properties are encroached by the individuals and further more, those individuals have neither considered themselves as tenants as contemplated under the HR & CE Act and many of them claiming that they have right over the property. In the above Writ Petition, some of the petitioners herein were made as respondents and the respondents 11 to 239 in that Writ Petition are the subsequent purchasers from their predecessor-in-title.

18. The Hon'ble Division Bench of this Court comprising Hon'ble Mr.Justice R.Subbiah and Hon'ble Mr.Justice B.Pugalendhi, vide order, dated 23.10.2019, had considered the claim of the individuals, who asserted that they are having title and the title is unshakable. The Hon'ble Division Bench has taken into consideration with regard to the title, which the Revision Petitioners claim that they are holding title and the Division Bench had classified the lands in dispute as five categories, which are as follows:

                     “1.The lands standing in the name of the temple but are vacant lands.

                     2.The lands standing in the name of the temple but with constructions.

                     3.The lands standing in the name of the temple during 1912 settlement, but settlement pattas were issued during enquiry under Act 30 of 1963 in the name of the individuals.

                     4.The lands standing in the name of the temple during 1912 settlement, but revenue pattas were issued during Updating Registry Scheme [UDR] in the name of the individuals. 5.The lands standing in the name of the temple during 1912 settlement, but revenue patts were issued after updating Registry Scheme [UDR] in the name of the individuals.”

                     18.1)The Hon'ble Division Bench, further held as follows:

                     “32.In this case also the lands belonging to the temple are encroached by the third parties and it is evident from the status reports filed by the District Collector, Karur on various dates. Only after the directions of this Court, the official respondents have conducted enquiry and identified the lands of the Arulmighu Balasubramania Swamy Temple, Vennaimalai, Karur District and as per their reports most of the lands of the temple have been encroached. However, according to the officials, as stated above, the pattas have been restored in the name of the temple after due enquiry.

                     33.The final status report filed by the District Collector, Karur, on 30.01.2019, would reveal the present status of the lands, which they have categorised into five. Though the impleaded respondents have raised very many contentions that they are the bonafide purchasers and they have been in possession and enjoyments of the respective lands for years together, the same cannot be a ground to allow them to continue with their occupation in the lands, in view of the judgments cited above and the specific stand taken by the District administration and the temple administration, they have to redress their grievance only in the manner known to law. However, it is open to the Commissioner, HR & CE Department to consider the case of the respondents 11 to 239 that they have put up constructions and residing in the place for several decades, provided they come with a proposal to treat them as tenant or willing to take the lands make good the loss at the prevailing market price or prescribed by the committee and the same can be considered by the Commissioner, HR & CE Department, as per Section 34 of the HR & CE Act.

                     34.The very object the lands that have been donated by the devotees has been defeated in this case. It is not only in this temple at Karur and it is almost a common affair in all the temples under the control of the HR & CE Department. The very object of establishing the HR & CE Department is to maintain the endowments, but the case in hand expose the manner in which the properties are protected. Under Section 29 of the HR & CE Act, the religious institution has to prepare and maintain the registers, but it appears the registers are not maintained properly. The HR & CE Department alone cannot be blamed and it appears the Revenue Officials have also colluded with the encroachers and have created the records in favour of the encroachers.

                     35.It is not in dispute that the private respondents are in long and absolute possession over the aforesaid properties and it is the case of the petitioner as well as the 8th respondent that the 8th respondent temple alone is the title holder and all the lands referred in this writ petition belonged to the temple and are service inam lands.

                     36.The judgments cited above are squarely applicable to the facts in case on hand and by applying the decisions cited supra and also in view of the stand taken by the temple and the District Collector, Karur, this Court passes the following order:

                     1.Insofar as the first and second categories are concerned, the revenue records are in the name of the temple and if there are any encroachments the temple administration has to initiate appropriate proceedings under Section 78 of HR & CE Act and all the encroachments shall be removed within a period of six months from the date of receipt of a copy of this order.

                     2.Insofar as the third category is concerned, wherein settlement pattas were given in the name of the individuals, the temple has to work out its remedies by filing a suit within a period of three months from the date of receipt of the copy of the order and the same has to be disposed of by the concerned Court within a period of one year thereof. The fourth respondent as well as the Commissioner, Archives and Historical Research Department shall provide all relevant records of the lands in issue to the HR & CE Department within two months from the date of receipt of copy of this order enabling them to initiate a suit as directed.

                     3.Insofar as the fourth category is concerned the revenue records have been altered to the name of the individuals during UDR, and it is now reported that the DRO, after due enquiry, has passed orders restoring pattas to the temple and therefore, the temple authorities have to initiate proceedings under Section 78 of HR & CE Act and take further action. If the parties are aggrieved, it is for them to challenge the same, in the manner known to law, by approaching appropriate forum and in any event, if any appeal is filed, the same shall be decided within a period of six months thereof.

                     4.Insofar as the fifth category is concerned, the revenue records have been altered into the name of the individuals after UDR and now it is reported that the RDO has conducted an enquiry and restored the pattas in the name of the temple and therefore, the temple is at liberty to restore their properties by initiating proceedings under Section 78 of HR & CE Act and take further action. If anybody is aggrieved by the order of the RDO, it is open to them to challenge the same before the competent authority, and if any such appeal is filed, the same shall be disposed by the concerned forum on merits within a period of six months from thereof.”

19. Thereafter, several Writ Petitions were filed by some of the Revision Petitioners herein in W.P(MD)Nos.25190 of 2024, etc., wherein, the learned Single Judge of this Court in all the Writ Petitions, consistently held that if the Writ Petitioners are subjected themselves as tenants of the Temple, they will be treated as tenants under Section 78 of the HR & CE Act and disposed of the said Writ Petitions with the above directions.

20. The battle did not stop there. The said A.Radhakrishnan, who filed the Public Interest Litigation in W.P.(MD)No.64 of 2018, had filed a Contempt Petition in Cont.P(MD)No.371 of 2024 and the Hon'ble Division Bench noted that despite the judgment being pronounced, nothing was forthcoming and taken a serious view in the contempt application and directed the officials to appear before the Division Bench. The Hon'ble Division Bench comprising Hon'ble Mr.Justice P.Velmurugan and Hon'ble Mr.Justie B.Pugalendhi, had passed order in Cont.P.(MD)No.372 of 2024, dated 10.10.2025 and had observed that even after the lapse of six years, the HR & CE Department had not taken any effective steps to recover the land.

21. Thereafter, in furtherance to the same, the Hon'ble Division Bench had taken note that the District Collector, Karur District and the Superintendent of Police were directed to form a team to extent full cooperation to the officials of the HR & CE Department to restore the lands. As the Committee was already formed, they directed the Committee to expedite the procedure for restoration of the suit lands and thereafter, after hearing the parties, the orders were being reserved by the Hon'ble Division Bench in the Contempt Petition.

22. In the meanwhile, one P.Sivasamy has filed a petition before the Hon'ble Supreme Court in SLP (Civil) Diary No.58313 of 2025, challenging the order passed by the Hon'ble Division Bench of this Court in W.P(MD)No. 64 of 2018, dated 23.10.2019 and the Hon'ble Supreme Court, vide order, dated 03.11.2025 had passed the following order:

                     “2.Having considered the matter in detail, we are of the opinion that the High Court has not committed any error, and we are not inclined to interfere with the impugned order passed by the High Court.

                     3.However, we make it clear that as the defendants in the suit, the petitioners will be entitled to raise all pleas, including the period of limitation.”

23. In the meanwhile, one P.Sumathi and V.Palanisamy have filed a suit in O.S.No.133 of 2025 before the Principal Subordinate Court, Karur, and had filed a Civil Revision Petition before this Court in C.R.P(MD)No.3590 of 2025, wherein, the learned Single Judge of this Court, by order, dated 26.11.2024, had directed the trial Court to dispose of the injunction application filed in I.A.No.2 of 2025 in O.S.No.133 of 2025 within a period of four weeks from the date of receipt of a copy of that order and a further direction was given to the Temple not to precipitate the matter till then. With the said observations, the said Civil Revision Petition was disposed of. Following that, the above batch of Civil Revision Petitions have been filed before this Court with similar prayers, as prayed in the above Civil Revision Petition in C.R.P(MD)No.3590 of 2025.

24. The only objection raised by the respondents is that the suit filed by the petitioners are not maintainable as per Section 79(2) of the HR & CE Act. The learned Single Judge in Adivaram Varthagargal Sangam, Palani and others vs State of Tamil Nadu and others, in W.P.No.10447 of 1999 and batch, has categorically held that “as far as the titleholders are concerned, Section 79(2) provides for approaching the civil court for establishing their title. The argument that Section 79(3) bars grant of injunction is not a true statement of law. Section 79(2) bars only the proceedings taken under section 78 by which only an encroacher is given notice. Since the title holder of the property is protected by section 79(2) and the said sub-section has a non-obstante clause, the Civil Court granting injunction is not barred under section 79(3). But, it is, however, subject to prima facie case or balance of convenience to be pleaded and proved to the satisfaction of such Civil Court.”

25. Be that as it may, since the learned Single Judge of this Court in W.P.No.10447 of 1999 and batch has held that the suit is amenable to the revision petitioners and as the Hon'ble Supreme Court vide order, dated 03.11.2025, had granted liberty to the petitioners to raise all their contentious issues including the period of limitation in the suit and also keeping in mind the order of the Hon'ble Division Bench of this Court in W.P.(MD)No.64 of 2018, dated 23.10.2019, declaring the subject lands, as temple lands and treated the persons, who are occupying the temple lands, as encroachers, the trial Court is directed to dispose the subject matter of injunction applications filed by the respective revision petitioners, except C.R.P(MD)Nos.3750 of 2025, 317 and 396 of 2026, within a period of three months from the date of receipt of a copy of this order, if they are not decided till date, and shall also dispose the respective suits within a period of six months from the date of disposal of the subject matter of injunction applications keeping in mind the judgment of the Hon'ble Division Bench of this Court in W.P.(MD)No.64 of 2018, dated 23.10.2019 and the observations made by the Hon'ble Division Bench of this Court in Cont.P.(MD)No.371 of 2024, dated 10.10.2025 and 17.10.2025. Till the disposal of the injunction applications, the parties are directed to maintain status-quo as on date.

26. Further, considering the submissions made by the learned Counsel appearing for the Temple that in C.R.P(MD)No.3750 of 2025, as the petitioner himself has given a letter to the authorities concerned admitting his tenancy. and in C.R.P(MD)No.317 of 2026, the petitioners themselves admitted that the suit property is the temple property, this Court is not inclined to grant any direction to the trial Court. Further, in view of the submission made by the learned Counsel for the temple that in C.R.P(MD)No.396 of 2026, the trial has disposed the interlocutory application filed by the petitioner, the prayer sought in that Civil Revision Petition has become infructuous.

27. With the above directions, the Civil Revision Petitions stand disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

 
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