P.Lakshmi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.05.2025

CORAM:

THE HONOURABLE MR. JUSTICE SENTHILKUMAR RAMAMOORTHY & THE HONOURABLE MS. JUSTICE T.V.THAMILSELVI W.P.No.19410 of 2025

1. P. Lakshmi

2. E.Vasantha

3. R.Jothi ... Petitioners Vs.

1. The District Collector, District Collectorate Building, Pincode 606 604.

2. The Tahsildar, Arni Taluk Office,

3. The Block Development Officer, Arni Panchayat Union, Arni, Thiruvannamalai District,

4. The President, Sirumur Panchayat Office, Sirumur Village, Arni Circle, Thiruvannamalai District, Pin code 632 314.

5. The Inspector of Police, Arni Taluk Police Station, Arni Taluk, Thiruvannamalai District,

6. The Executive Officer, Hindu Religious and Charitable Endowment Department, Shri Varadaraja Perumal Kovil, Arni Town, Thiruvannamalai District, Pin code 632 301.

7. The Trustee, Shri Veera Anjaneyar Kovil, Sirimur Village & Post, Arni Taluk, Pincode 632 314.

8. P.Elumalai, ..Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus directing the 6th respondent to consider the petitioner's representation on 26.04.2025 and 20.05.2025 and the 6th respondent not to take any coercive action against the petitioners. For Petitioner : Mr. N. Gnana Lingam For Respondents : Mr. N. Murali, Govt. Advocate for R1 to R4 Mr.S.Rajakumar for R5 Mr.N.R.R. Arun Natarajan, Spl. G.P. (HR&CE) for R6

O R D E R

[Order of the Court was made by SENTHILKUMAR RAMAMOORTHY, J.] By this Writ Petition, the petitioner seeks consideration of representations dated 26.04.2025 and 20.05.2025.

2. Pursuant to an eviction notice dated 28.03.2025, the petitioner filed W.P.No.18343 of 2025. Such writ petition was disposed of by an order dated 14.05.2025, by holding that the Executive Officer of the Temple is required to invoke section 78 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 to secure physical possession of the property. No coercive measures appear to have been taken by the HR&CE Department subsequent to the said order.

3. Mr.M.Murali, learned Govt. Advocate accepts notice on behalf of the respondents 1 to 4. Mr.S.Rajakumar, learned counsel accepts notice on behalf of the 5th respondent. Mr.N.R.R.Arun Natarajan, learned Special Govt. Pleader (HR&CE ) accepts notice on behalf of 6th respondent.

4. On instructions, Mr.N.R.R.Arun Natarajan, learned Spl. Govt. Pleader

(HR&CE) submits that no action would be taken without recourse to section 78 of the HR&CE Act.

5. By recording the said submission, this writ petition is disposed of. No costs.

[S.K.R.J.] [T.V.T.S.J.] 28.05.2025 : No Speaking order msr To

1. The District Collector, District Collectorate Building, Pincode 606 604.

2. The Tahsildar, Arni Taluk Office,

3. The Block Development Officer, Arni Panchayat Union, Arni, Thiruvannamalai District,

4. The President, Sirumur Panchayat Office, Sirumur Village, Arni Circle, Thiruvannamalai District, Pin code 632 314.

5. The Inspector of Police,

Arni Taluk Police Station, Arni Taluk, Thiruvannamalai District,

6. The Executive Officer, Hindu Religious and Charitable Endowment Department, Shri Varadaraja Perumal Kovil, Arni Town, Thiruvannamalai District, Pin code 632 301.

SENTHILKUMAR RAMAMOORTHY,J.

and T.V.THAMILSELVI, J.

msr W.P.No.19410 of 2025 28.05.2025