← Library
Madras High CourtWP/1909/2026disposed of

Senthilvadivu v. The Commissioner

2026-01-20Honourable Mr.Justice D.Bharatha Chakravarthy7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.01.2026

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.Nos.2011 & 2014 of 2026 W.P.No.1909 of 2026

1. Senthilvadivu

2. Radhamani ... Petitioners Vs 1.

The Commissioner, Hindu Religious and Charitable Endowments, Admn. Department, Chennai.

The Joint Commissioner, Hindu Religious and Charitable Endowments, Admn. Department, Coimbatore.

The Assistant Commissioner, Hindu Religious and Charitable Endowments, Admn. Department, Coimbatore.

Arulmighu Rangaswamy Thirukovil rep. By its Thakkar, Pannimadai, Coimbatore North Taluk, Coimbatore District having office at Arulmighu Karana Vinayakar Thirokovil, Pathampalayam, Coimbatore North Taluk, Coimbatore District.

... Respondents 1/7

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, seeking for an issuance of writ of mandamus, forbearing the respondents from in any manner evicting the petitioners from the lands measuring 1.58 acres in Survey No.20/2, Pannimadai Village, Coimbatore North Taluk and District until the conclusion of O.S.No.40 of 2025 pending on the file of the District cum Sessions Judge, Coimbatore and pass such further or other orders. For Petitioner :

Mr.T.S.Vijaya Raghavan For Respondents :

Mr.S.Ravi Chandran Additional Government Pleader (HR & CE) for R1 to R4 W.P.No.1912 of 2026 A.Ravichandran ... Petitioner Vs.

1.

The Commissioner, Hindu Religious and Charitable Endowments, Admn. Department, Chennai.

The Joint Commissioner, Hindu Religious and Charitable Endowments, Admn. Department, Coimbatore.

The Assistant Commissioner, Hindu Religious and Charitable Endowments, Admn. Department, Coimbatore.

The Fit Person, Arulmigu Palamalai Rangaswamy Temple, Pannimadai, Coimbatore North Taluk, Coimbatore District.

... Respondents 2/7

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, seeking for an issuance of writ of mandamus, forbearing the respondents from in any manner evicting the petitioner from the lands measuring 1.83 acres in Survey No.20/1, Pannimadai Village, Coimbatore North Taluk and District until the conclusion of O.S.No.699 of 2025 pending on the file of the District cum Sessions Judge, Coimbatore and pass such further or other orders. For Petitioner :

Mr.T.S.Vijaya Raghavan For Respondents :

Mr.S.Ravi Chandran Additional Government Pleader (HR & CE) for R1 to R4 COMMON

ORDER

These two writ petitions have been filed seeking a writ of mandamus, forbearing the respondents herein from, in any manner, evicting the petitioners from the land measuring 1.58 acres in Survey No.20/2 and 1.83 acres in Survey No.20/1, situated at Pannimadai Village, Coimbatore North Taluk and District till the disposal of O.S.No.40 of 2025 and O.S.No.699 of 2025 pending on the file of the District-cum-Sessions Judge, Coimbatore. The contention of Mr.T.S.Vijaya Raghavan, learned Counsel for the petitioners, is that the civil suit with reference to declaration of title is pending before the appropriate forum. In the meanwhile, an eviction order is passed and a revision has also been filed by the petitioners. Without taking up the revision for hearing, the Authorities have now fixed the date as tomorrow, (i,e., 21.01.2026) for evicting the petitioners. 3/7

Mr.S.Ravi Chandran, learned Additional Government Pleader, appearing on behalf of the respondents / Authorities, would submit that there is no interim order of injunction either in the civil suit or in the revision petition and therefore, the Authorities are proceeding further. I have considered the rival submissions made on either side and perused the material records of the case.

5.

In the instant case, if the civil suit is pending and if the petitioners want the temple not to proceed any further, the remedy open to the petitioners is only to move an application praying interim orders only before the same civil Court. If the petitioners have filed any such application, the same shall be taken up by the learned District-cum-Sessions Judge, Coimbatore, at the earliest and orders, in accordance with law, shall be passed thereon. So long as there is no order of interim injunction in the civil suit or any other order restraining the respondents from proceeding further, the respondents are entitled to proceed as per statute. In any event, as against the order of eviction, the petitioners have also filed a revision petition. Therefore, it is for the petitioners to move an application of stay in the said revision that is filed by them. It is stated that the stay petition has also been filed and without taking up the same, the Authorities are proceeding further. 4/7

6.

In view thereof, these two writ petitions are disposed of by granting the following limited relief:

(i) The first respondent / the Commissioner, HR & CE Department shall take up the revision petition filed by the petitioners, more specifically with reference to the prayer relating to interim stay and pass orders thereon in accordance with law, depending on the prima facie case; (ii) Once orders are passed by the first respondent, the rights of the parties shall be determined depending upon the order passed by the Commissioner, HR & CE Department;

(iii) Until the stay petition is decided, the physical possession shall not be taken from the petitioner;

(iv) As observed supra, it is for the petitioners to pursue their interim application before the Civil Court and, as directed, the Civil Court may also dispose of the interim application, if any, as expeditiously as possible; (v) It is open to the temple authorities to contest the same on merits. (vi) There shall be no order as to costs.

(vii) The connected miscellaneous petitions are closed. 20.01.2026 (2/2) No veda 5/7

To 1.

The Commissioner, Hindu Religious and Charitable Endowments, Admn. Department, Chennai.

The Joint Commissioner, Hindu Religious and Charitable Endowments, Admn. Department, Coimbatore.

The Assistant Commissioner, Hindu Religious and Charitable Endowments, Admn. Department, Coimbatore.

Arulmighu Rangaswamy Thirukovil rep. By its Thakkar, Pannimadai, Coimbatore North Taluk, Coimbatore District having office at Arulmighu Karana Vinayakar Thirokovil, Pathampalayam, Coimbatore North Taluk, Coimbatore District.

5.

The Fit Person, Arulmigu Palamalai Rangaswamy Temple, Pannimadai, Coimbatore North Taluk, Coimbatore District.

6/7

D.BHARATHA CHAKRAVARTHY, J.

veda W.P.Nos.1909 & 1912 of 2026 and W.M.P.Nos.2011 & 2014 of 2026 20.01.2026 (2/2) 7/7