R.Radha v. The Commissioner,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.11.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN R.Radha ... Petitioner Vs.
1.The Commissioner, Hindu Religious & Charitable Endowments Department, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai - 600 034.
2.The Joint Commissioner, Hindu Religious & Charitable Endowments Department, Sitharkadu Mayiladurai District, Mayiladurai - 609 001.
3.The Assistant Commissioner, Hindu Religious & Charitable Endowments Department, Ayar Kulam Road, Kumbakonam - 612 001.
4.The Executive Officer, Sri Pasupatheeswarar Temple, Pandanallur, Thanjavur District - 609 807.
... Respondents 1/5
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the third respondent to conduct the auction in respect of the dwelling house situated at Survey No.231/2C2, Komettu Street, Pandanallur, Thanjavur District, in accordance with law and within a time frame to be fixed by this Court and permit the petitioner to participate in the said auction. For Petitioner : Mr.S.G.Vadiraj Anirudh For Respondents : Mr.G.Suriya Ananth Additional Government Pleader for R.1 to R.3 Mr.V.Chandra Sekar Standing Counsel for R.4
ORDER
Heard both sides.
2.The writ petitioner was in possession of the petition mentioned house belonging to the fourth respondent. For non-payment of rent, she was evicted by taking action under Section 78 of the HR&CE Act, 1959. Admittedly, the petitioner is out of possession. The petitioner filed the writ petition before this Court. This Court granted her liberty to take part 2/5
in any auction that may be conducted by the temple. The petitioner's grievance is that till date no such auction has been conducted. Hence this writ petition has been filled for directing the temple management to conduct auction in respect of the dwelling house. 3.When the matter was taken up for hearing, the learned Additional Government Pleader as well as the learned Standing Counsel for the temple pointed out that the house was built decades ago and that it is in dilapidated condition and that it is simply not possible to let it out for rent. The temple management proposes to write to the Commissioner, HR&CE to get permission to demolish the same and put up a new construction. In these circumstances, it is not possible for me to grant relief to the writ petitioner as prayed for.
4.This Writ Petition stands dismissed. No costs. 26.11.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No MGA 3/5
To 1.The Commissioner, Hindu Religious & Charitable Endowments Department, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai - 600 034.
2.The Joint Commissioner, Hindu Religious & Charitable Endowments Department, Sitharkadu Mayiladurai District, Mayiladurai - 609 001.
3.The Assistant Commissioner, Hindu Religious & Charitable Endowments Department, Ayar Kulam Road, Kumbakonam - 612 001.
4.The Executive Officer, Sri Pasupatheeswarar Temple, Pandanallur, Thanjavur District - 609 807.
4/5
G.R.SWAMINATHAN, J.
MGA 26.11.2025 5/5