G.Sridhar v. The Joint Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17-06-2026
CORAM
THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY WP Nos. 23129 & 23134 of 2026 and WMP.Nos. 25068, 25071, 25075 & 25076 of 2026 W.P.No. 23129 of 2026 G.Sridhar, S/o. Ganesan, No.1, Bajanai Kovil Street, Nandivaram, Guduvancheri, Kanchipuram District - 603 202.
..Petitioner(s) Vs
1. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Periya Kanchipuram, Kanchipuram District 631 502.
2. The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, JCK Nagar, Chengalpattu, Chengalpattu District - 603 002.
3. The Executive Officer, Arulmigu Nandheswarar Thirukoil, Nandhivaram, Vandalur Taluk, Chengalpattu District - 603 202.
..Respondent(s) WP No. 23134 of 2026 G.Udhaya, W/o. Baskar, No.28, Ambedkar Street, Perungalathur, Srinivasa Nagar, Tambaram, Kanchipuram District - 600 063.
..Petitioner(s) __________Page 1 of 8
Vs
1. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Periya Kanchipuram, Kanchipuram District - 631 502.
2. The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, JCK Nagar, Chengalpattu, Chengalpattu District 603 002.
3. The Executive Officer, Arulmigu Nandheswarar Thirukoil, Nandhivaram, Vandalur Taluk, Chengalpattu District 603 202.
Respondent(s) Prayer in W.P.No. 23139 of 2026: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of writ of certiorarified mandamus, calling for the records on the file of the 1st respondent herein vide its proceedings in M.P.No.143 of 2023, and quash the impugned order passed therein dated 13.03.2026 and further direct the respondents herein to permit the petitioner to continue the possession of the land at Jai Bhem Nagar, 4th Cross Street, Nandivaram, Kanchipuram District comprised in Survey No.312 measuring an extent of 1482 square feet as a tenant in view of the petitioners' written request dated 07.08.2023 and 02.11.2023 respectively. Prayer in W.P.No.
23134 of 2026: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of writ of certiorarified mandamus, calling for the records on the file of the 1st respondent herein vide its proceedings in M.P. No. 142 of 2023 , and quash the impugned order passed therein dated 13.03.2026 and further direct the respondents herein to permit the petitioner to continue the possession of the land at Jai Bhem Nagar, 4th Cross Street, Nandivaram, Kanchipuram District comprised in Survey No.
measuring an extent of 1482 square feet as a tenant in view of the petitioners written request dated 07.08.2023 and 02.11.2023 respectively. For Petitioner(s):
in both petitions Mr.J.Ashok For Respondent(s):
in both petitions Mr.M.Veerabathiran Prasanth Government Counsel Common Order Challenge was made against the impugned orders dated 13.03.2026 passed by the 1st respondent evicting the petitioners from the subject premises.
2. The learned counsel appearing for the petitioners would submit that the petitioners are in possession and occupation of the land in Survey No.312, measuring to an extent of 1482 Sq.ft., at 4th cross street, Jai Bhem nagar, Nandivaram, Chengalpattu District and paying rent to the Temple Authorities in the earlier years. While so, the Temple Authorities started to disturb the petitioners' possession by stating that the petitioners are encroachers. It is the grievance of the petitioners that though they submitted records and payment receipts, without considering the same, the respondent passed the impugned order dated 13.03.2026 for eviction and delivery of vacant possession of the subject premises. Hence, the present writ petitions are filed. __________Page 3 of 8
3. The learned Government Counsel appearing for the official respondents would submit that the petitioners are encroachers therefore, the respondents fixed a sum of Rs.4,10,784/- each to the petitioners as rent and damages for the period 2012-2023 and, as of today, it comes around Rs.5,22,000/- to be paid by the petitioners. He would submit further that as the petitioners paid a sum of Rs.2,00,000/- each, the remaining amount of Rs.3,22,000/- each has to be paid by the petitioners as of today. He would submit that if the remaining amount of Rs.3,22,000/- is paid, the respondents will pass appropriate orders permitting the petitioners to participate in the tender auction for the purpose of leasing out the subject properties.
4. The learned counsel for the petitioners would submit that the entire premises has been locked and sealed, unless otherwise they take back the documents and perused the records, they are in a position to carry on business and also to pay the remaining amount also.
5. Heard the learned counsel appearing for the petitioners as well as the respondents and perused the material available on record.
6. In the present case, there is no dispute on the aspect that the petitioners are encroachers and the respondents fixed a sum of Rs.4,10,784/- each as rent and damages, which the petitioners is liable to pay upto 2023 and as of today, __________Page 4 of 8
according to the respondents, it comes around Rs.5,22,000/-. Since already Rs.2,00,00/- each already paid, the remaining amount of Rs.3,22,000/- each has to be paid by the petitioners.
7. Under these circumstances, this Court is of the considered view that since the premises is locked and sealed, the petitioners are prevented from taking further steps for paying the balance amount and take back all the materials, things, records, computer etc., Taking into consideration of the same, this Court is inclined to grant 15 days time to the petitioners to take back all the records and pay the balance amount of Rs.3,22,000/-, in which case, the petitioners shall be permitted to participate in the auction when subject properties are leasing out by the respondents. In view of the same, this Court passed the following orders:
i) The respondents are directed to de-seal the subject premises for a period of 15 days to enable the petitioners to take back all the records and other things.
ii) The petitioners are also directed to remove all the things and take back the records within the said time.
iii) This Court also directs the petitioners to pay the balance amount of Rs.3,22,000/- each within a period of 15 days from the date of receipt of a copy of this order and upon receipt of the same, the respondent is directed to bring the property for public auction for leasing out the same, in which case, the __________Page 5 of 8
petitioners are also permitted to participate in the said auction. iv) In the event if the petitioners failed to hand over possession within a period of 15 days from the date of de-sealing the premises, the respondents are directed to take possession of the properties, after taking inventory in front of the petitioners. If the petitioners are not coming forward to take inventory, the respondents are directed to take videograph while taking inventory, along with one witness.
v) The respondents are also directed to complete the auction preferably within a period of four months time.
8. These Writ Petitions are disposed of with the above terms. No costs. Consequently, connected miscellaneous petitions are closed. 17-06-2026 Index: Yes/No Speaking/Non-speaking order KKN __________Page 6 of 8
To
1. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Periya Kanchipuram, Kanchipuram District - 631 502.
2. The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, JCK Nagar, Chengalpattu, Chengalpattu District 603 002.
3. The Executive Officer, Arulmigu Nandheswarar Thirukoil, Nandhivaram, Vandalur Taluk, Chengalpattu District 603 202.
__________Page 7 of 8
KRISHNAN RAMASAMY J.
KKN WP Nos. 23129 & 23134 of 2026 17-06-2026 __________Page 8 of 8