P.Dharmaraj v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.08.2025

CORAM

THE HON'BLE MR.JUSTICE C. SARAVANAN and W.M.P.(MD) No.18005 of 2025 P.Dharmaraj ... Petitioner Vs.

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

2.Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Prambalur.

3.Joint Commissioner, Hindu Religious and Charitable Endowments Department, Trichy.

4.Arulmigu Viswanathasamy Temple Rep. by its Executive Officer, Lalgudi Taluk, Tirchy District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, calling for the Page No. 1 of 5

records on the file of the second respondent in his proceedings bearing reference Na.Ka.No.7051/2023/a5 dated 31.01.2025 and quashing the same as illegal, arbitrary, against law and violation of natural justice and thereby restraining the respondents herein from dispossessing the petitioner from the subject property situated at S.No.31/1, Ayyanvaikal Karai, Pambaramsutri, Lalgudi Taluk, Trichy District. For Petitioner : Mr.S.Venkatesh For Respondents : Mr.D.Ghandiraj Special Government Pleader *****

O R D E R

The petitioner is aggrieved by the impugned proceedings of the second respondent dated 31.01.2025 bearing reference Na.Ka.No. 7051/2023/a5.

2. By the impugned proceedings, the second respondent has ordered the eviction of the petitioner from the subject property situated in S.No. 31/1, Ayyanvaikal Karai, Pambaramsutri, Lalgudi Taluk, Trichy District.

3. The learned counsel for the petitioner submits that this morning, the respondents demolished the property, after the petitioner has obtained a court slip for listing this case under lunch motion. Page No. 2 of 5

4. On the other hand, the learned Special Government Pleader for the respondents submits that the encroachment was removed on 21.02.2025. To that effect, he has filed a copy of the communication of the fourth respondent, Executive Officer of the temple, addressed to the second respondent, Assistant Commissioner, dated 06.03.2025. The same stands recorded.

5. If the petitioner is aggrieved by the impugned proceedings, the petitioner ought to have filed an application under Section 21 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959. However, since the time for filing such an application has already expired and the petitioner is agitating his rights, liberty is granted to the petitioner to work out his remedy before the first respondent, Commissioner, under Section 21 of the said Act.

6. In case such an application is filed under Section 21 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, the first respondent Commissioner shall endeavour to pass appropriate orders, as expeditiously as possible, within a period of three months from the date of receipt of a copy of this order.

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7. Accordingly, this Writ Petition stands disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed. 20.08.2025 JEN Index : Yes / No Internet : Yes / No Speaking Order / Non-Speaking Order To 1.The Commissioner, Hindu Religious and Charitable Endowments Department, Chennai.

2.Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Prambalur.

3.Joint Commissioner, Hindu Religious and Charitable Endowments Department, Trichy.

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C.SARAVANAN , J.

JEN 20.08.2025 Page No. 5 of 5