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Madras High CourtWP(MD)/3163/2026disposed of

M.Thulasirajan v. The Commissioner

2026-02-05Honourable Mr Justice Krishnan Ramasamy6 pages

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 05.02.2026

CORAM

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY and W.M.P.(MD)No.2614 of 2026 1.M.Thulasirajan 2.Gokulakrishnan ... Petitioners Vs.

1.The Commissioner, Hindu Religious and Charitable Endowment Department, Chennai.

2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Dindigul District.

3.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Theni District.

4.The Executive Officer, Arulmigu Moongilinai Kamatchi Amman Temple, Devadanapatti, Theni District.

... Respondents 1/6

PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the fourth respondent from permitting and collecting rent for the temporary shops from the temporary shopkeepers, in S.F.No.1607/2 of Devadanapatti Village, Periyakulam Taluk, Theni District, which belongs to Arulmigu Sundara Vinayagar Temple in Patta No.3181. For Petitioner : Mr.A.N.Ramanathan For Respondents 1 to 3 : Mr.J.K.Jeyaseelan Government Advocate

O R D E R

This Writ Petition has been filed seeking to forbear the fourth respondent from permitting and collecting rent for the temporary shops from the temporary shopkeepers, in S.F.No.1607/2 of Devadanapatti Village, Periyakulam Taluk, Theni District, which belongs to Arulmigu Sundara Vinayagar Temple in Patta No.3181. 2.By consent, this Writ Petition is taken up for final disposal at the admission stage itself.

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3.Since no adverse orders are passed against the fourth respondent, notice to the fourth respondent is dispensed with. 4.The learned Counsel for the petitioners would submit that the property in S.F.No.1607/2 of Devadanapatti Village, Periyakulam Taluk, Theni District absolutely belongs to Arulmigu Sundara Vinayagar Temple and the petitioners are being the hereditary trustees of the temple. The said land is being let out to temporary shop owners during the festival time and the rent collected by the petitioners is utilised for the temple. While that being so, the fourth respondent is attempting lease out the petitioners' temple land and to collect the rent from the temporary shop owners during Maha Sivarathiri Festival. In this regard, the petitioners had already made a representation to the second respondent on 27.01.2026. Since the said representation is pending consideration, the petitioners have come up with the present Writ Petition.

5.Learned Government Advocate appearing for the official respondents would submit that the representation of the petitioners 3/6

would be considered in accordance with law, within a time frame to be fixed by this Court.

6.Accordingly, this Writ Petition is disposed of, by directing the second respondent to consider the representation of the petitioners dated 27.01.2026 and pass appropriate orders within a period of two [2] weeks from the date of receipt of a copy of this order, preferrably before the Maha Sivarathiri Festival ie., on 15.02.2026. However, it is made clear that this Court has not expressed any opinion on the merits of the matter. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

05.02.2026 Index: Yes/No Internet: Yes/No MR 4/6

To 1.The Commissioner, Hindu Religious and Charitable Endowment Department, Chennai.

2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Dindigul District.

3.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Theni District.

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KRISHNAN RAMASAMY, J.

MR 05.02.2026 6/6