P.Muthuraman v. The Joint Commissioner Hr And Ce

1 W.P.(MD)NO.33471 OF 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.11.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.33471 of 2025 AND W.M.P.(MD)No.26410 of 2025 P.Muthuraman ... Petitioner Vs.

1. The Joint Commissioner HR&CE, O/o.the Hindu Religious and Charitable Endowment Department, No.6/42, Spincer Compound, Thiruvalluvar Road, Dindigul - 624 003.

2. The Assistant Commissioner HR&CE, O/o.the Hindu Religious and Charitable Endowment Department, Dindigul - 624 003.

3. The Hereditary Trustee, Arulmighu Kathir Narasinga Perumal Temple, M.Athappanpatti, Oddanchathiram Taluk, Dindigl District.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to number and hear the petitioner's unnumbered IA in Miscellaneous petition No.33/2025 on the file of the first respondent and consequently, direct the respondents to allow the petitioner to 1/4

2 W.P.(MD)NO.33471 OF 2025 use the electric lines, poles, joint points or junction points connection transformer in S.F.No.166/1 in M.Athappanpatti Village, Oddanchathiram Taluk, Dindigul District.

For Petitioner : Mr.S.Karthik For Respondents : Mr.P.Subbaraj, Special Government Pleader for R1&R2.

Mr.S.Madhavan for R-3.

* * *

O R D E R

Heard both sides.

2. The petitioner appears to have unintentionally laid electric poles, transformers and drawn overhead lines on the land belonging to the third respondent temple. The third respondent had obtained eviction order from the first respondent which is an ex-parte order. For setting aside the order, the petitioner has filed MP. The petitioner wants the MP to be numbered.

3. I direct the first respondent to number the MP filed by the writ petitioner herein and dispose of the same on merits and in 2/4

3 W.P.(MD)NO.33471 OF 2025 accordance with law. The petitioner is also given liberty to file an appropriate application for getting permission so that the poles already laid can continue to remain.

4. As rightly pointed out by the learned counsel for the temple, the requirements set out in Section 34 of the HR&CE Act will have to be complied with. The petitioner's counsel states that the petitioner will avail such course of action. But then, this process may take quite some time. It is entirely for the writ petitioner to expedite the said process in the given prevailing time. The eviction order obtained by the third respondent against the petitioner shall not be enforced for a period of six months from the date of receipt of a copy of this order. It is for the writ petitioner to obtain relief from the Government / the Commissioner, HR&CE /the third respondent herein in the meanwhile. This writ petition stands disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.

21.11.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU 3/4

4 W.P.(MD)NO.33471 OF 2025 G.R.SWAMINATHAN,J.

PMU To:

1. The Joint Commissioner HR&CE, O/o.the Hindu Religious and Charitable Endowment Department, No.6/42, Spincer Compound, Thiruvalluvar Road, Dindigul - 624 003.

2. The Assistant Commissioner HR&CE, O/o.the Hindu Religious and Charitable Endowment Department, Dindigul - 624 003.

W.P.(MD)No.33471 of 2025 21.11.2025 4/4