R.Rajagopal v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-09-2025

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI WP No. 36639 and 36643 of 2025 AND WMP NO. 40958 & 40964 OF 2025 R.Rajagopal Petitioner in WP. No.36639 of 2025 P. Latha Petitioner in W.P.no.36643 of 2025 Vs

1. The Commissioner HR And CE Department, Uthamar Gandhi Road, Nungambakkam, Chennai-600 034 2.The Joint Commissioner HR And CE, Erode 3.The Assistant Commissioner HR Ad CE, Erode 4.The Fit Person/executive Officer Arulmigu Karivaradaraju Perumal Thirukoil, Vaniputhur Gobi Taluk, Erode District Respondent(s) in both the writ petitions PRAYER in WP No. 36639 of 2025;

This writ petition has been filed under Article 226 of Constitution of India to issue a Writ of Certioraified Mandamus calling for the records of the proceedings of the 4th respondent dated 4.9.2025 and quash the same and consequently direct the 4th respondent to accept the rend for future Fasli years from 1435 (July 2025) in respect of the lands

comprised in SF No.80/2 and 81/2 to an extent of 5.12 acres situated at Kavundampalayam village, Gobichettipalayam Taluk PRAYER in WP No. 36643 of 2025;

This writ petition has been filed under Article 226 of Constitution of India to issue a Writ of Certioraified Mandamus calling for the records of the proceedings of the 4th respondent dated 4.9.2025 and quash the same and consequently direct the 4th respondent to accept the rend for future Fasli years from 1435 (July 2025) in respect of the lands comprised in SF No.80/2 and 81/2 to an extent of 5.12 acres situated at Kavundampalayam village, Gobichettipalayam Taluk For Petitioner(s):

Mr.P.Saravana Sowmiyan in both the writ petitions For Respondent:

Mr.N.R.R.Arun Natarajan, SGP in both the writ petitions COMMON ORDER Since the issues involved in the both the cases are one and the same, the same are disposed by way of this common order.

2. These two writ petitions have been filed challenging the eviction notice issued by the 4 th respondent.

3. The petitioner in W.P.no.36639/2025 claims himself to be as Poosari of the temple of the 4 th respondent temple. According to the petitioner, in recommendation his service, the temple authorities leased out certain portion of the temple lands to him. According to him, he has been cultivating the said property and therefore, the eviction notice issued by the authorities is bad in

law. The petitioner therefore, seeks to quash the same.

4. The petitioner in W.P.no.33920 of 2025 also claims that the temple authorities have leased out a portion of the temple lands for cultivation and she has been cultivating the same. The petitioner also prays that the eviction notice issued by the 4 th respondent may be quashed.

5. Both the writ petitions are blissfully vague.

6. Though both the writ petitioners claim that the temple authorities have leased out the temple lands. Such a lease agreement has not been produced. The certificate given by the VAO, merely states that the petitioners are doing cultivation in the said temple lands. That would not prove that the petitioners are in legal occupation of the said lands. The petitioners have to prove their legal right over the temple lands by producing lease agreement said to have been executed between them and the temple authorities.

7. In the result, the writ petitions are dismissed. No costs. However, the petitioners are at liberty to work out their remedy before the appropriate forum as per law. Consequently, connected miscellaneous petitions are closed. 24-09-2025 rli Index:Yes/No Speaking/Non-speaking order Internet:Yes

M.DHANDAPANI J.

rli To 1.The Commissioner HR And CE Department, Uthamar Gandhi Road, Nungambakkam, Chennai-600 034 2.The Joint Commissioner HR And CE, Erode 3.The Assistant Commissioner HR Ad CE, Erode 4.The Fit Person/executive Officer Arulmigu Karivaradaraju Perumal Thirukoil, Vaniputhur Gobi Taluk, Erode District WP No. 36639 and 36643 of 2025 24.09.2025

24-09-2025