Vijayanirmala v. The Joint Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 06/01/2026
CORAM
THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY Vijayanirmala ... Petitioner Vs
1. The Joint Commissioner, Hindu Religious and Charitable Endowment, Thirunelveli Division, Thirunelveli.
2.The Inspection Officer, Hindu Religious and Charitable Endowment, Radhapuram, Thirunelveli Division, Thirunelveli.
3. P.K.S.T.Radhakrishnan, Hereditary Trustee, Arulmiku Suyanmbulinga Swamy Thirukoil, Uvari, Thirunelveli District.
... Respondents PRAYER :- Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus forbearing the Respondents 1 to 3, their men, agents or subordinates from evicting the 1/6
petitioner from the residential house situated on the temple land in survey No.132/38, measuring 0.08.0 Hectares, at Thisayanvilai Village, pursuant to the impugned notice dated 13.12.2025 and take necessary steps to fresh tenancy agreement based on the petitioners representation dated 23.12.2025.
For Petitioner : M/s.S.Sangeetha Sri, Advocate For R1 and R2 : Mr.J.K.Jayaselan, Government Advocate For R3 : Mr.S.Chandrasekar
ORDER
This writ petition has been filed seeking to forbear the respondents 1 to 3, their men, agents or subordinates from evicting the petitioner from the residential house situated on the temple land in Survey No.132/38, measuring 0.08.0 Hectares, at Thisayanvilai Village, pursuant to the impugned notice dated 13.12.2025 and to direct them to take necessary steps for executing a fresh tenancy agreement based on the petitioners representation dated 23.12.2025.
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2.It is the case of the petitioner that her husband had constructed a residential house on the land belonging to Arulmigu Swayambhu Linganatha Swamy Temple, Thisayanvilai, Tirunelveli District and paid the rent to the temple during his lifetime. After his demise, the petitioner and her son have been residing in the said house. Due to the sudden demise of her husband and financial constraints, the petitioner was unable to pay the rent for a period of one year. Therefore, the third respondent, with the assistance of HR&CE Authorities, issued an eviction notice dated 13.12.2025 alleging arrears of rent and seeking eviction, without issuing any prior show cause notice. Consequently, the petitioner submitted a detailed representation dated 23.12.2025 to the respondents, requesting the execution of a fresh tenancy agreement in her favour and expressing her willingness to pay the entire arrears of rent. However, the same was not considered till date, the petitioner has filed this Writ Petition.
3. The learned counsel appearing for the respondents 1 and 2 would submit that if the petitioner pays all the arrears of rent, her representation dated 23.12.2025 would be considered in accordance with 3/6
law.
4.Taking into consideration of the the fact that the petitioner constructed the house and has been living in the said property for a long period, this Court directs the first respondent to consider the representation of the petitioner dated 23.12.2025 and pass orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, once the entire arrears of rent is paid. It is made clear that this Court has not expressed any opinion on the merits of the case, and it is open to the concerned respondent to consider the same independently.
5. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.
06.01.2026 Index : Yes/No Internet: Yes/No CP 4/6
TO
1. The Joint Commissioner, Hindu Religious and Charitable Endowment, Thirunelveli Division, Thirunelveli.
2.The Inspection Officer, Hindu Religious and Charitable Endowment, Radhapuram, Thirunelveli Division, Thirunelveli.
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KRISHNAN RAMASAMY,J CP
ORDER
IN WP(MD) No.157 of 2026 Date : 06/01/2026 6/6