← Library
Madras High CourtWP/49808/2025disposed of

G.Thatchayini v. The Commissioner

2025-12-19Honourable Mr.Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-12-2025

CORAM

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.No.49808 of 2025 and W.M.P.No.55691 of 2025

1. G.Thatchayini W/o.Late G.Gururajan, Residing at 1/225, Gandhi Road, Manampoondi, Thirukoyilur Taluk, Villupuram District.

....Petitioner Vs

1. The Commissioner Hindu Religious And Charitable Endowments (HR & CE) Department, Nungambakkam, Chennai 600034.

2.The Assistant Commissioner Hindu Religious and Charitable Endowments (HR and CE) Department, M.R.N.Nagar, Kallakurichi District.

3.Inspector / Thakkar Arulmigu Moongilamman (A) Pidari Tmeple, Kizhiyur Village, Tirukoyilur Taluk, Kallakurichi District.

....Respondents PRAYER Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari Mandamus to call for the records of the respondents culminating in the impugned notice dated 26.11.2025 and quash the same.

For Petitioner Mr.P.D.Anbarasan For Respondents Mr.K.Karthikeyan, GA(HR &CE) for R1 to R3

ORDER

The writ petition is filed challenging the impugned notice dated 26.11.2025 passed by the third respondent.

2.Upon hearing the learned counsel for the petitioner and perusing the affidavit filed in support of the writ petition, the grievance of the petitioner is that, the petitioner is claiming to be in occupation of the property pursuant to the lease agreement. Therefore, without following due process of law, the third respondent has passed the impugned order.

3.When the writ petition came up for hearing, the learned Government Advocate (HR & CE) would submit that the third respondent has only issued a notice requesting the petitioner to vacate and that no steps, except by due process of law, would be taken. The third respondent will request the appropriate authority and thereafter, the appropriate authority will be initiating proceedings under Section 78/79 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 and the petitioner will be entitled to all

opportunities. It is not the case, as if the possession of the petitioner will be disturbed, without following due process of law.

4. Recording the same, this Writ Petition is disposed of. It is also open to the petitioner to make an appropriate application before the authority to recognise him as a tenant and to regularise the rent, which will be considered on its own merits by the respondents. No costs. Consequently, connected Miscellaneous Petition is closed.

19-12-2025 ari To 1.The Commissioner Hindu Religious And Charitable Endowments (HR and CE) Department, Nungambakkam, Chennai 600034.

2.The Assistant Commissioner Hindu Religious And Charitable Endowments (HR and CE) Department, M.R.N.Nagar, Kallakurichi District.

3.Inspector / Thakkar Arulmigu Moongilamman (A) Pidari Tmeple, Kizhiyur Village, Tirukoyilur Taluk, Kallakurichi District.

D.BHARATHA CHAKRAVARTHY, J.

ari W.P.No.49808 of 2025 and W.M.P.No.55691 of 2025 19-12-2025