M.M.Pandian v. The Joint Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.11.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)No.24985 of 2025 1.M.M.Pandian 2.M.P.Aravind Balaji 3.P.Sangeetha 4.M.Jayanthi ... Petitioners Vs.

1.The Joint Commissioner, Hindu Religious & Charitable Endowment Board, Dindigul.

2.The Assistant Commissioner, Hindu Religious & Charitable Endowment Board, Theni.

3.The Thakkar, Arulmigu Pillayar Temple, 1/5

Unjampatti, The Executive Officer, Arulmigu Gowmari Amman Temple, Veerapandi, Theni Taluk & District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records relating with the impugned order passed in Na.Ka.No.3335/2023/A3 dated 23.10.2025 on the file of the second respondent and to quash the same as illegal.

For Petitioners : Mr.A.K.Manikkam For Respondents : Mr.G.Suriya Ananth Additional Government Pleader

ORDER

Heard both sides.

2.The petitioner challenges the impugned eviction order dated 23.10.2025 on the grounds set out in the affidavit filed in support of the writ petition. The claim of the petitioner is that this is a classic title dispute. Section 79 of the HR&CE Act, 1959 itself provides for filing of a civil suit.

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3.The learned counsel for the petitioner states that such a suit has already filed on the trial Court. The trial Court is directed to number the same and give a disposal if the papers are in order. The petitioner has also seek interim relief.

4.It is for the petitioner to obtain interim relief at the hands of the trial Court. Since the petitioner has already moved the civil Court, the order impugned in the writ petition will not be enforced for a period of twelve weeks. The civil Court shall dispose of the interim application in the meanwhile. I make it clear that I have not gone into the merits of the matter.

5.This Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. 07.11.2025 2/2 NCC : Yes / No Index : Yes / No Internet : Yes / No MGA 3/5

To 1.The Joint Commissioner, Hindu Religious & Charitable Endowment Board, Dindigul.

2.The Assistant Commissioner, Hindu Religious & Charitable Endowment Board, Theni.

3.The Thakkar, Arulmigu Pillayar Temple, Unjampatti, The Executive Officer, Arulmigu Gowmari Amman Temple, Veerapandi, Theni Taluk & District.

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G.R.SWAMINATHAN, J.

MGA 07.11.2025 5/5