A.Thirumoorthy v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-03-2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K. SURENDER and W.M.P.No.3018 of 2022 A.Thirumoorthy S/o. Arunachalam, No.316-H, Bharathi Colony, Madukkarai Market, Coimbatore-641 105.

..Petitioner(s) Vs

1. The Commissioner Hindu Religious and Charitable Endowment Department, Nungambakkam High Road, Chennai-600 044.

2. The Joint Commissioner Hindu Religious and Charitable Endowment Department, Balasundaram Road, Coimbatore-18

3. Arulmigu Karivaratharaja Perumal Thirukkvoil Rep. by its Executive Officer, Madukkarai Market, Madukkarai, Coimbatore-641 105.

4. The Thakkar Arulmigu Karivaratharaja Perumal Thirukkovil, Madukkarai Market, Madukkarai, Coimbatore-641 105.

5. Kalimuthu S/o. Aruchamy, No.316 3(a), Bharathi Colony, Atlantic Nagar, Madukkarai Market, Coimbatore-641 105.

..Respondent(s) To call for the entire records relating to the Impugned Auction

Notice dated 20.01.2022 issued by the 4th Respondent herein and quash the same and direct the Respondents 1 and 2 herein to remove the encroachment made by the 5th Respondent in S.F.No. 173/2, 174 and 175 of Madukkarai Village belonging to the 3rd Respondents Temple and thereafter conduct the Public Auction to lease out of the above said land as per the Hindu Religious and Charitable Endowment Act For Petitioner(s):

Mr.L.Mouli For Respondent(s):

Mr.S.Ravichandran, Addl.G.P. (Hr& CE) for R1 to R4 Mr.Sanjay Davidson forMr.J.Franklin for R5

ORDER

(Order of the Court was made by S.M.Subramaniam J.) Regarding auction notice dated 20.01.2022, the learned counsel for the petitioner would submit that nothing survives.

2. As far as non-removal of encroachments made by the 5th respondent is concerned, the learned Additional Government Pleader appearing on behalf of the HR&CE Department would submit that eviction proceedings under Section 78 of the HR&CE Act will be initiated by the temple administration.

3. It is needless to state that eviction proceedings are to be expedited by following the procedures in order to protect the temple property in the

manner contemplated under the Act and Rules. The said exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order. Accordingly, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. (S.M.S.,J.) (K.S.,J.) 11-03-2026 Index: Yes/No Speaking/Non-speaking order VSI To

1. The Commissioner Hindu Religious and Charitable Endowment Department, Nungambakkam High Road, Chennai-600 044.

2. The Joint Commissioner Hindu Religious and Charitable Endowment Department, Balasundaram Road, Coimbatore-18

3. Arulmigu Karivaratharaja Perumal Thirukkvoil Rep. by its Executive Officer, Madukkarai Market, Madukkarai, Coimbatore-641 105.

4. The Thakkar Arulmigu Karivaratharaja Perumal Thirukkovil, Madukkarai Market, Madukkarai, Coimbatore-641 105.

S.M.SUBRAMANIAM, J.

AND K.SURENDER, J.

VSI '

11-03-2026