P.Lakshmi v. P.Elumalai
In the High Court of Judicature at Madras Dated : 14.5.2025 Coram :
The Honourable Mr.Justice G.R.SWAMINATHAN and The Honourable Mr.Justice V.LAKSHMINARAYANAN Writ Petition No.18343 of 2025 & WMP.No.20548 of 2025 1.P.Lakshmi 2.E.Vasantha 3.R.Jothi
...Petitioners
Vs 1.P.Elumalai 2.The District Collector, District Collectorate Building, Pin Code : 606604.
3.The Tahsildar, Arni Taluk Office, Thiruvannamalai 4.The Block Development Officer, Arni Panchayat Union, Arni, Thiruvannamalai 5.The President, Sirumur Panchayat Office, Sirumur Village, Arni Circle, 1/6
Pin Code : 632314.
6.The Inspector of Police, Arni Taluk Police Station, Arni Taluk, Thiruvannamalai 7.The Executive Officer, Hindu Religious & Charitable Endowment Department, Shri Varadaraja Perumal Kovil, Arni, Thiruvannamalai District.
Pin Code : 632301.
8.The Trustree, Shri Veera Anjaneyar Kovil, Sirumur Village & Post, Arni Taluk, Pin Code : 632314.
...Respondents
PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for the records regarding the 7th respondent issued proceedings eviction final notice on 28.3.2025, quash the same and consequentially direct the 7th respondent not to take any coercive action against the petitioners. For Petitioners :
Mr.P.Dinesh Kumar For R2 to R5 & R7 :
Mr.S.Ravichandran, SGP For R6 :
Mr.R.Muniyapparaj, APP 2/6
3/6
Order of the Court was made by G.R.SWAMINATHAN,J Heard the learned counsel for the petitioners, Mr.S. Ravichandran, learned Special Government Pleader accepting notice for respondents 2 to 5 and 7 and Mr.R.Muniyapparaj, learned Additional Public Prosecutor accepting notice for the sixth respondent.
2. It is well settled that the Executive Officer of the temple will have to invoke the provisions of Section 78 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (in short, "the Act") for securing physical possession of the property. Therefore, the petitioners need not have any cause for apprehension at this stage. As and when the proceedings under Section 78 of the Act are initiated, the petitioners can defend the same in a manner known to law.
3. Leaving it open to the petitioners to defend the proceedings at the appropriate time, the writ petition is dismissed. No costs. Consequently, the connected WMP is also dismissed. (G.R.S.J.) (V.L.N.J.) 14.5.2025 4/6
Index : Yes (or) No To 1.The District Collector, District Collectorate Building, Pin Code : 606604.
2.The Tahsildar, Arni Taluk Office, Thiruvannamalai 3.The Block Development Officer, Arni Panchayat Union, Arni, Thiruvannamalai 4.The President, Sirumur Panchayat Office, Sirumur Village, Arni Circle, Pin Code : 632314.
5.The Inspector of Police, Arni Taluk Police Station, Arni Taluk, Thiruvannamalai 6.The Executive Officer, Hindu Religious & Charitable Endowment Department, Shri Varadaraja Perumal Kovil, Arni, Thiruvannamalai District.
Pin Code : 632301.
RS 5/6
G.R.SWAMINATHAN,J AND V.LAKSHMINARAYANAN,J RS WP.No.18343 of 2025& WMP.No.20548 of 2025 14.5.2025 6/6