Madras High CourtWP(MD)/32813/2025disposed of

Indira D v. The Joint Commissioner

2025-11-17Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.32813 OF 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.11.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.32813 of 2025 AND W.M.P.(MD)Nos.25882 & 25883 of 2025 Dr.D.Indira ... Petitioner Vs.

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

2. The Executive Officer, Arulmighu Kasi Vishwanatha Swamy Temple, Pattukottai Town, Pattukottai Taluk, Thanjavur District.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records pertaining to the impugned proceedings issued by the second respondent dated 10.06.2022 and the consequential proceedings of the first respondent in M.P.No.02/2024/,2 dated 05.01.2024 and 29.10.2025 and quash the same. For Petitioner : Mr.N.Dilipkumar For R-1 : Mr.P.Subbaraj, Special Government Pleader.

For R-2 : Mr.V.Chandrasekar * * * 1/4

2 W.P.(MD)NO.32813 OF 2025

O R D E R

Heard both sides.

2. The petitioner challenges the impugned communication dated 10.06.2022 issued by the second respondent calling upon the petitioner to vacate the petition-mentioned premises.

3. I make it clear that this is only a demand made by the Executive Officer. It is open to the petitioner to comply with the eviction order or defy the same. If the petitioner defies the impugned demand, the remedy open to the second respondent is to file petition under Section 78 of TN HR&CE Act. The learned counsel for the temple states that such course of action has already been invoked. Therefore, the petitioner can feel aggrieved only by the outcome of the proceedings initiated under Section 78 of the Act. The impugned communication as such is not enforceable. The petitioner is at liberty to challenge the demand by filing an independent writ petition. This writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

17.11.2025 NCS : Yes / No Index : Yes / No Internet : Yes/ No PMU 2/4

3 W.P.(MD)NO.32813 OF 2025 To:

The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Thanjavur.

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4 W.P.(MD)NO.32813 OF 2025 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.32813 of 2025 17.11.2025 4/4