Writ Petition No. 5518 of 2025 · Madras High Court

Writ Petition No.5518 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDated : 20.02.2025CoramTHE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHYWrit Petition No.5518 of 2025&W.M.P.No.6083 of 2025P.SaraladeviD/o.C.G.Palavelsamy.. Petitionervs.

The Commissioner Hindu Religious and Charitable Endowment Department Uthamar Gandhi Salai, Nungambakkam Chennai – 600 0342. Arulmigu Sivasubramania Samy Thirukovil Rep. By its Executive Officer Alandur, Chennai3. Govindaraja S/o. Not Known Committee Member Arulmigu Sivasubramania Samy Koil (Now Siva Subramaniya Swamy Koil) No.17/3A, Muthial Reddy Street Alandur, Chennai – 600 0164. R.D.Boopalan S/o.Not Known Arulmigu Sivasubramania Samy Koil (Now Siva Subramaniya Swamy Koil) No.14/12, James Street Alandur, Chennai – 600 016.. Respondents1/4 https://www.mhc.tn.gov.in/judis Writ Petition No.5518 of 2025 Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus forbearing respondents 1 and 2, their agents or any persons from interfering with the petitioner's peaceful possession and enjoyment of the property situated at Old No.27, New No.40, Arulmigu Subramaniya Swamy Koil Street, Alandur, Chennai – 600 016 particularly from demolishing any portion (s) of the aforesaid property without adopting due process of law. For Petitioner: Ms.B.JeyanthiFor Respondents: Mr.K.KarthikeyanGovt. Advocate (HR & CE) for R1 & R2*****

O R D E RThis matter was taken up after Court hours since the learned counsel for writ petitioner came and represented in the Chambers that the demolition is being carried on and this Court requested the Special Government Pleader to be present in the Chambers and to stop the demolition until further instructions are obtained by the petitioner and learned counsel for Respondents 1 and 2.

The learned counsel appearing on behalf of the writ petitioner specifically mentioned that I.A.No.1034 of 2018 was filed to set aside the ex parte decree. On verification, the same turns out to be a fertile imagination of the learned counsel for the writ petitioner. This Court has also verified from the concerned Court and it is found that the ex parte 2/4 https://www.mhc.tn.gov.in/judis Writ Petition No.5518 of 2025decree passed in O.S.No.202 of 2009 against this petitioner stands.

When the Court has ordered eviction and when the writ petitioner is disobeying the decree till date, this Court under Article 226 cannot come to the aid of the writ petitioner. Especially so, when a wrong pleading is made by the learned counsel for the writ petitioner as if an application for setting aside the ex parte decree is made and as if the ex parte decree is set aside. To top it all, when the learned counsel requested to take up the matter even after the Court hours and this Court granted an oral interim order and specifically the matter was posted today, learned counsel for writ petitioner was not present when the matter was called twice in the morning and also in the afternoon.