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Madras High CourtCONT P/557/2026closed

M.Rajamanikam, v. Mr. K.Chinnasamy,

2026-02-16Honourable Mr.Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-02-2026

CORAM

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY M.Rajamanikam, S/o. Munniyan, Nellur Village, Dhoddathinanahallai, Denkani Kottai Taluk, Krishnagiri District-635107.

..Petitioner(s) Vs.

Mr. K.Chinnasamy, The Executive Officer, Arulmigu Palagai Karagam Thirukovil, Belagonda Palli, Denkani Kottai Taluk, Krishnagiri District.

..Contemnor(s) PRAYER: Contempt Petition is filed to punish the respondent for continuously and deliberately disobeying the orders of this Hon'ble Court passed in W.P.No. 4352 of 2025 dated 10.02.2025.

For Petitioner(s):

Mr.P.Satheesh Kumar For Contemnor(s):

Mr.K.Karthikeyan Government Advocate

ORDER

This Contempt Petition is filed with a prayer to punish the respondent for wilfully disobeying the orders of this Court passed in W.P.No. 4352 of 2025 dated 10.02.2025. The operative portion of the said order reads thus, "9. In view thereof, already this Court, in the Hon'ble Page No.1 of 4

Division Bench judgment, in W.A.Nos.2487, 2054, 2432 of 2023 etc., has already decided that in respect of the similar Devadhayams, the predominant title will vest only with the temple and not with the Poojaris. Therefore, the Poojari's sons have no right, title or interest to mortgage the temple property. In any event, since the petitioner claims to be in possession of the property, the respondents have to follow the procedure mandated under law. The learned Special Government Pleader submits that the Authorities will issue due show cause notice under Section 78/79 of the Tamil Nadu Hindu Religious & Charitable Endowments Act, 1959 and take further action.

10. Recording the said statement, this Writ Petition stands disposed of. No costs."

2. When the matter came up for admission, the learned counsel appearing on behalf of the respondent would submit that they entered into the property only to measure, demarcate and survey, so that the notice under Sections 78 and 79 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 can be issued to the petitioner. He would further submit that they are not dispossessing the petitioner.

3. In reply thereof, the learned counsel would submit that the auction notice has already been published in respect of the property.

4. Be that as it may, when it is undertaken before this Court that the petitioner will be duly dispossessed only by the proceedings under sections 78 and 79 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, even if the property is simultaneously auctioned and thereafter the petitioner is successfully evicted in the manner known to law, the respondent Page No.2 of 4

can put the successful bidder into possession.

5. Therefore, while keeping such liberty open to the respondent authorities to issue notice in accordance with law, the petitioner shall be entitled to defend the same in the manner known to law, this Contempt Petition stands closed.

16-02-2026 Jer To The Executive Officer, Arulmigu Palagai Karagam Thirukovil, Belagonda Palli, Denkani Kottai Taluk, Krishnagiri District.

Page No.3 of 4

D.BHARATHA CHAKRAVARTHY, J., Jer CONT P No. 557 of 2026 16-02-2026 Page No.4 of 4