Selvam v. The Joint Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.05.2025 CORAM :

THE HONOURABLE MR. JUSTICE R.VIJAYAKUMAR and W.M.P.(MD).No.10733 of 2025 Selvam

...Petitioner

-Vs1. The Joint Commissioner, Hindu Religious and Charitable Endowments Board, Theppakula Theru, Neelagirishwarar Thoppu, Thiruvanaikovil, Trichy-625 005.

2. Arulmigu Thirumoortheeswarar Temple, Rep. by its Administrative Officer, Poorthi Temple, Manapparai, Trichy District.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, to call for the records in pertaining to the impugned order of 2nd respondent dated 07.04.2025 to evict the petitioner from the lease of Immovable properties of the 2nd Respondent's temple and quash the same as illegal without following principles of natural justice.

1/4

For petitioner : Mr.T.Vadivelan For Respondent Nos.1 & 2 : Mr.J.K.Jayaseelan Government Advocate

ORDER

The present writ petition has been filed challenging the order passed by the second respondent herein on the ground that the petitioner is in possession of the property beyond the lease period.

2. It could be seen from the records that in the impugned order the authorities have clearly indicated that in case, the petitioner has not vacate the property, the authorities would initiate proceedings under Section 78 of Hindu Religious and Charitable Endowment Act.

3. In view of the above said facts, this court is not inclined to entertain the present writ petition. In case, if any proceedings are initiated against the petitioner under Section 78 of HR & CE Act, it is for the petitioner to defend the same in the manner known to law. 2/4

4. With the above said observations, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 22.05.2025 Index : Yes/No Speaking/Non-Speaking order gvn 3/4

R.VIJAYAKUMAR,J.

gvn To

1. The Joint Commissioner, Hindu Religious and Charitable Endowments Board, Theppakula Theru, Neelagirishwarar Thoppu, Thiruvanaikovil, Trichy-625 005.

2. The Administrative Officer, Arulmigu Thirumoortheeswarar Temple, Poorthi Temple, Manapparai, Trichy District 22.05.2025 4/4