High Court · 2025

W.P.(MD)No.4759 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED : 21.02.2025CORAM:THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGHW.P.(MD)No.4759 of 2025andW.M.P.(MD)No.3432 of 2025P.Balakrishnan ... Petitioner -vs-1.The District Collector, Virudhunagar District, Virudhunagar Town.2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Madurai.3.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Virudhunagar District.4.The Executive Officer, A/m. Vaithiyanathasamy Thirukovil, Madavarvalagam, Srivilliputhur Town and Taluk, Virudhunagar 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 order ____________Page 1 of 8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.4759 of 2025passed by the second respondent in Miscellaneous Petition No.62/2023, dated 28.01.2025 and quash the same as arbitrary and illegal. For Petitioner : Mr.M.ThirunavukkarasuFor R1 to R3 : Mr.K.S.Selvaganesan Additional Government PleaderFor R4 : Mr.P.Mahendran Standing CounselORDERThe Eviction order issued under Section 78 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (hereinafter referred to as 'HR & CE Act'), dated 28.01.2025, is under challenge in the present writ petition.2. The petitioner states that the properties comprised in S.Nos.117/1K, 117/2P, 117/2O, 117/2H, 117/2D, 117/2K, 117/2M, 117/2F, 117/2N and 117/20, measuring an extent of 2 Acres and 8 Cents were originally purchased by one Sankaralingam Pillai and Deivanayagam Pillai, vide registered sale deed, dated 11.08.1993. Thereafter, the said Sankaralingam Pillai and Deivanayagam Pillai had orally partitioned the above said properties and in the oral partition, the properties comprised in Inam Adangal No.47 were allotted to the share of Sankaralingam Pillai. ____________Page 2 of 8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.4759 of 20253. The petitioner further states that his paternal grandmother, Shanmugathaiammal's legal heirs namely, Muthaiah, Nagalingam Pillai, Appavu Pillai and Ramasamy Pillai, who is the father of the petitioner have partitioned the above said properties and the properties comprised in S.Nos.117/1K, 117/2P, 117/2O, 117/2H, 117/2D, 117/2K, 117/2M, 117/2F, 117/2N and 117/20, measuring an extent of 2 Acres and 8 Cents were allotted to the share of the petitioner's father. After the death of the petitioner's father, his legal heirs are jointly enjoying the above said properties. Due to some dispute over the title of the subject property, the petitioner and other legal heirs filed a civil suit against the respondents herein in O.S.No.532 of 2023, on the file of the Additional Sub-Court, Srivilliputhur, for declaration and permanent injunction. During the pendency of the said suit, the proceeding under Section 78(2) of the H.R. & C.E. Act was initiated against the petitioner, a notice was issued to the petitioner and his brothers on 12.12.2023 and finally, the second respondent has passed the impugned order dated 28.01.2025. 4. The learned Additional Government Pleader appearing for the respondents 1 to 3 and the learned Standing Counsel appearing for the fourth ____________Page 3 of 8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.4759 of 2025respondent submit that the petitioner was a tenant in a portion of the Temple property, comprised in S.Nos.117/1K, 117/2B, 117/2D, 117/2E, 117/2F, 117/2G, 117/2H, 117/2H2, 117/2I, 117/2J, 117/2K, 117/2M, 117/2N and 117/2O, which belongs to A/M.Vaithiyanathasamy Thirukovil, Madavarvalagam, Srivilliputhur, Virudhunagar District. The petitioner was paying the yearly rent of Rs.5100/- for the usage of his portion of the land leased out by the temple authorities. The petitioner put up certain construction on his own costs and rented out the same to various persons.5. Admittedly, the lease was not extended by the temple authorities. The lease was terminated long back by the authorities. Thus, the petitioner was considered as an encroacher under Section 78 of the HR & CE Act and accordingly, eviction proceedings were initiated and final orders have been passed under Section 78 of the HR & CE Act. Further, as against the impugned order, a revisional remedy is available under Section 21 of the HR & CE Act.6. Heard both sides.____________Page 4 of 8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.4759 of 20257. Considering the above said submissions and on perusal of the materials, it is seen that the order impugned under Section 78 of the HR & CE Act is appealable and a revisional remedy is available under Section 21 of the HR & CE Act.8. The petitioner has not preferred any revision and more so, the learned Standing Counsel appearing on behalf of the fourth respondent state that the petitioner is an encroacher and now, the property is required for the purpose of the Temple use. 9. Admittedly, the petitioner is not holding any valid lease as of now. This being the factum, the petitioner is not entitled for any relief from the hands of this Court.10. In view of the above, if at all the petitioner is aggrieved, he is at liberty to file a revision petition under Section 21 of the HR & CE Act before the Commissioner, H.R and C.E. Department, within a period of two weeks from the date of receipt of a copy of this order. Upon receipt of such revision, the ____________Page 5 of 8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.4759 of 2025Commissioner, H.R and C.E. Department shall consider it on merits and pass appropriate orders in accordance with law, within four weeks thereafter. In the interregnum, the respondents shall maintain status quo prevailing as on date. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the Commissioner, H.R and C.E. Department to consider the same on its own merits.11. With the above observations and directions, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.NCC : Yes / No 21.02.2025Index : Yes / No smn2Copy to:- The Commissioner, Hindu Religious and Charitable Endowments Department, Door No.119, Uthamar Gandhi Road, Thousand Lights West, Nungambakkam, Chennai – 600 034.____________Page 6 of 8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.4759 of 2025To:-1.The District Collector, Virudhunagar District, Virudhunagar Town.2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Madurai.3.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Virudhunagar District.4.The Executive Officer, A/m. Vaithiyanathasamy Thirukovil, Madavarvalagam, Srivilliputhur Town and Taluk, Virudhunagar District.____________Page 7 of 8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.4759 of 2025VIVEK KUMAR SINGH , J. smn2W.P.(MD)No.4759 of 202521.02.2025____________Page 8 of 8