Madras High CourtWP(MD)/9167/2026disposed of

L.Prabhu v. The Joint Commissioner

2026-04-02Honourable Mr Justice D.Bharatha Chakravarthy12 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 02.04.2026

CORAM

THE HONOURABLE MR JUSTICE D.BHARATHA CHAKRAVARTHY W.P(MD)Nos.9167, 9168, 9169, 9170 and 9171 of 2026 W.P(MD).No.9167 of 2026 L.Prabhu ... Petitioner Vs.

1. The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Madurai

2. The Executive Officer, Arulmighu Koodamudaiya Ayyanar Thirukovil, Kalaiyarkurichi, Sivakasi Taluk, Virudhunagar District

3. C.Saravana Kumar

4. The Inspector of Police, M.Pudhupatti Police Station, Virudhunagar District.

(R4 is suo motu impleaded vide order dated 02.04.2026 in W.P.(MD).No.9167 of 2026 by DBCJ)

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Writ Petition, filed under Article

226 of the Constitution of India, praying this court to issue a Writ of Mandamus directing the Respondents No.1 and 2 to hand over the possession of vacant Site No.14 comprised in Survey No.339/1 at Mangalam Village, Sivakasi Taluk, Virudhunagar District which is belonged to Arulmighu Koodamadaiya Ayyanar Thirukovil, to the petitioner as per the order of confirmation of public auction passed by the 1st Respondent vide his proceedings in Mu.Mu.No.445/2026/E4 dated 25.02.2026 by considering the Petitioners representation dated 24.02.2026 and for other reliefs and pass such further or other orders as this Honble court may deem fit and proper in the circumstances of this case and thus render justice.

W.P(MD).No.9168 of 2026 L.Manimegalai ... Petitioner Vs.

1. The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Madurai

2. The Executive Officer, Arulmighu Koodamudaiya Ayyanar Thirukovil, Kalaiyarkurichi, Sivakasi Taluk, Virudhunagar District

3. C.Saravana Kumar

4. The Inspector of Police, M.Pudhupatti Police Station,

Virudhunagar District.

(R4 is suo motu impleaded vide order dated 02.04.2026 in W.P.(MD).No.9167 of 2026 by DBCJ)

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus directing the Respondents No.1 and 2 to hand over the possession of vacant Site No.15 comprised in Survey No.339/1 at Mangalam Village, Sivakasi Taluk, Virudhunagar District which is belonged to Arulmighu Koodamadaiya Ayyanar Thirukovil, to the petitioner as per the order of confirmation of public auction passed by the 1st Respondent vide his proceedings in Mu.Mu.No.445/2026/E4 dated 25.02.2026 by considering the Petitioners representation dated 24.02.2026 and for other reliefs and pass such further or other orders as this Honble court may deem fit and proper in the circumstances of this case and thus render justice.

W.P(MD).No.9169 of 2026 M.Mareeswari ... Petitioner Vs.

1. The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Madurai

2. The Executive Officer, Arulmighu Koodamudaiya Ayyanar Thirukovil,

Kalaiyarkurichi, Sivakasi Taluk, Virudhunagar District

3. C.Saravana Kumar

4. The Inspector of Police, M.Pudhupatti Police Station, Virudhunagar District.

(R4 is suo motu impleaded vide order dated 02.04.2026 in W.P.(MD).No.9167 of 2026 by DBCJ)

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus directing the Respondents No.1 and 2 to hand over the possession of vacant Site No.16 comprised in Survey No.339/1 at Mangalam Village, Sivakasi Taluk, Virudhunagar District which is belonged to Arulmighu Koodamadaiya Ayyanar Thirukovil, to the petitioner as per the order of confirmation of public auction passed by the 1st Respondent vide his proceedings in Mu.Mu.No.445/2026/E4 dated 25.02.2026 by considering the Petitioners representation dated 24.02.2026 and for other reliefs and pass such further or other orders as this Honble court may deem fit and proper in the circumstances of this case and thus render justice.

W.P(MD).No.9170 of 2026 S.Murugan ... Petitioner Vs.

1. The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Madurai

2. The Executive Officer, Arulmighu Koodamudaiya Ayyanar Thirukovil, Kalaiyarkurichi, Sivakasi Taluk, Virudhunagar District

3. C.Saravana Kumar

4. The Inspector of Police, M.Pudhupatti Police Station, Virudhunagar District.

(R4 is suo motu impleaded vide order dated 02.04.2026 in W.P.(MD).No.9167 of 2026 by DBCJ)

...Respondents

the 1st Respondent vide his proceedings in Mu.Mu.No.445/2026/E4 dated 25.02.2026 by considering the Petitioners representation dated 24.02.2026 and for other reliefs and pass such further or other orders as this Honble court may deem fit and proper in the circumstances of this case and thus render justice.

W.P(MD).No.9171 of 2026 L.Prabhu ... Petitioner Vs.

1. The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Madurai

2. The Executive Officer, Arulmighu Koodamudaiya Ayyanar Thirukovil, Kalaiyarkurichi, Sivakasi Taluk, Virudhunagar District

3. C.Saravana Kumar

4. The Inspector of Police, M.Pudhupatti Police Station, Virudhunagar District.

(R4 is suo motu impleaded vide order dated 02.04.2026 in W.P.(MD).No.9167 of 2026 by DBCJ)

...Respondents

Mandamus directing the Respondents No.1 and 2 to hand over the possession of vacant Site Nos.4 and 5 comprised in Survey No.339/1 at Mangalam Village, Sivakasi Taluk, Virudhunagar District which is belonged to Arulmighu Koodamadaiya Ayyanar Thirukovil, to the petitioner as per the order of confirmation of public auction passed by the 1st Respondent vide his proceedings in Mu.Mu.No.445/2026/E4 dated 25.02.2026 by considering the Petitioners representation dated 24.02.2026 and for other reliefs and pass such further or other orders as this Honble court may deem fit and proper in the circumstances of this case and thus render justice.

For Petitioners : Mr.J.Lawrance (in all) For R1 : Mr.M.Sarangan Additional Government Pleader (in all) For R2 : Mr.P.Mahendran Standing Counsel (in all) For R4 : Mr.K.Gnanasekaran Government Advocate (Crl.Side) (in all) COMMON ORDER By this common order all the writ petitions are being disposed of.

2. The writ petition in W.P(MD).No.9167 of 2025 has been filed for a mandamus directing the respondents 1 and 2 to handover the possession of the Vacant Site No.14 comprised in S.No.339/1 at Mangalam Village, Sivakasi Taluk, Virudhunagar District belonging to Arulmighu Koodamadaiya Ayyanar Thirukovil to the petitioner as per the order of confirmation of public auction by considering the petitioner's representation dated 24.02.2026.

3. Heard Mr.J.Lawrence, learned counsel appearing for the petitioner, Mr.M.Sarangan, learned Additional Government Pleader, who takes notice for R1, Mr.P.Mahendran, learned Senior Counsel, who takes notice for R2 and Mr.K.Gnanasekaran, learned Government Advocate (Crl.Side), who takes notice for R4.

4. The case of the petitioner is that although the petitioner is declared as the successful bidder by the respondents, he has not yet been put into possession of the property till date.

5. When the matter came up for hearing today, the learned counsel for the 2nd respondent / the Executive Officer would submit that the 3rd respondent had created a disturbance, prompting the 2nd respondent to file a complaint with the Superintendent of Police and the Inspector of Police at the M.Pudhupatti Police Station. They are awaiting protection from the police, and once such protection is provided, they will hand over possession to the successful bidder.

6. Though this Court would normally await the filing of a counter affidavit, considering the limited relief sought, the writ petition is taken up for final disposal at the admission stage itself. It is made clear that this Court has not expressed any opinion on the factual aspects of the matter, as no notice has been issued to the 3rd respondent.

7. In view thereof, the writ petition is disposed of on the following terms:- i.

The Inspector of Police, M. Pudhupatti Police Station, shall take up the complaint filed by the 2nd respondent for enquiry.

ii. The petitioner, 2nd respondent and 3rd respondent may be enquired regarding possession or title.

iii. If the 3rd respondent possesses any documents or court orders regarding the matter, the issue may be left to the temple authorities, for further auction to initiate appropriate eviction proceedings.

iv. In the absence of such documents, if the 3rd respondent is a stranger/3rd party unjustifiably interfering with temple property, appropriate protection shall be provided for the taking over and handing over of possession.

v. The said exercise shall be completed within a period of six weeks from the date of receipt of a web copy of the order, without waiting for the certified copy of the order.

vi. Consequently, W.P.(MD).Nos.9168 of 2026, 9169 of 2026, 9170 of 2026 and 9171 of 2026.

vii.No costs.

02.04.2026 (2/2) Index: Yes Speaking Order: Yes rgm

1. The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Madurai

2. The Executive Officer, Arulmighu Koodamudaiya Ayyanar Thirukovil, Kalaiyarkurichi, Sivakasi Taluk, Virudhunagar District

3. The Inspector of Police, M.Pudhupatti Police Station, Virudhunagar District.

(R4 is suo motu impleaded vide order dated 02.04.2026 in W.P.(MD).No.9167 of 2026 by DBCJ)

D.BHARATHA CHAKRAVARTHY , J.

rgm W.P(MD)Nos.9167, 9168, 9169, 9170 and 9171 of 2026 02.04.2026 (2/2)