High Court · 2025

W.P(MD) Nos.5903, 5904, 5906, 5916, 5917 and 5918 of 2025Prayer in W.P(MD) No.5903 of 2025 : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus forbearing the respondents from taking further action with his proceedings in Miscellaneous Petition No.1025-2/2020/A2 dated 29.12.2023 in respect of Survey No.239/1B 3C at Kathaparai Village, Vennamalai Post, Karur Taluk, Karur District.Prayer in W.P(MD) No.5904 of 2025 : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus forbearing the respondents from taking further action with his proceedings in Miscellaneous Petition No.1025-2/2020/A2 dated 29.12.2023 in respect of Survey No.239/1B 3C at Kathaparai Village, Vennamalai Post, Karur Taluk, Karur District.Prayer in W.P(MD) No.5906 of 2025 : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus forbearing the respondents not to take any action without following due process of law in respect of Survey No.570 and 574 at Sri Ragaventhra Nagar at Plot No.15 and Plot No.16 at Aathur Village, Poolampadi Village Panchayat, Manmagalam Taluk, Karur District.Prayer in W.P(MD) No.5916 of 2025 : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus forbearing the respondents from taking further action with his proceedings in Miscellaneous Petition No.223/2024/A3, dated 27.09.2024 in respect of Survey No.577 at Aathur Village, Poolampadi Village Panchayat, Manmagalam Taluk, Karur District.2/14 https://www.mhc.tn.gov.in/judis W.P(MD) Nos.5903, 5904, 5906, 5916, 5917 and 5918 of 2025Prayer in W.P(MD) No.5917 of 2025 : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus forbearing the respondents from taking further action with his proceedings in Miscellaneous Petition No.154/2024/A3, dated 27.09.2024 in respect of Survey No.577 at Aathur Village, Poolampadi Village Panchayat, Manmagalam Taluk, Karur District.Prayer in W.P(MD) No.5918 of 2025 : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus forbearing the respondents from taking further action with his proceedings in Miscellaneous Petition No.148/2024/A3, dated 27.09.2024 in respect of Survey No.577 at Aathur Village, Poolampadi Village Panchayat, Manmagalam Taluk, Karur District. For Petitioner (in all the petitions) : Mr.D.SelvanayagamFor R1 to R3 (in all : Mr.S.S.Madhavan the petitions) Additional Government Pleader For R4 (in all : Mr.P.Athimoolapandianthe petitions) Standing Counsel 3/14 https://www.mhc.tn.gov.in/judis W.P(MD) Nos.5903, 5904, 5906, 5916, 5917 and 5918 of 2025ORDER The petitioners are approximately in possession of about 41510 sq.fts of temple land. The petitioners have also suffered by adverse orders in the hands of Joint Commissioner under Section 78 of the Tamil Nadu HR and CE Act, 1959 on 29.12.2023 and 27.09.2024. The aforesaid orders have not been challenged by both the petitioners (Father and Son). Pursuant to the aforesaid orders, impugned eviction notices have been issued. The petitioners now seek for leave to initiate the proceedings under Section 79(2) before the Civil Court as was ordered by this Court in the case of some other persons, who are similar to petitioners in a batch of W.P(MD) Nos.25821, 28189 to 28192, 29666, 30000, 30100, 30133 of 2024 and 390, 392, 1133, 1242, 1713 and 1717 of 2025, dated 22.01.2025. 2. It is submitted that the petitioners are willing to deposit the rental amount. It appears that the petitioners are in possession of the aforesaid land of the temple and had requested the respondents to fix the rent. By an order, dated 06.01.2025, the Commissioner had passed the order as under:4/14 https://www.mhc.tn.gov.in/judis W.P(MD) Nos.5903, 5904, 5906, 5916, 5917 and 5918 of 20255/14 https://www.mhc.tn.gov.in/judis W.P(MD) Nos.5903, 5904, 5906, 5916, 5917 and 5918 of 20256/14 https://www.mhc.tn.gov.in/judis W.P(MD) Nos.5903, 5904, 5906, 5916, 5917 and 5918 of 20257/14 https://www.mhc.tn.gov.in/judis W.P(MD) Nos.5903, 5904, 5906, 5916, 5917 and 5918 of 20258/14 https://www.mhc.tn.gov.in/judis W.P(MD) Nos.5903, 5904, 5906, 5916, 5917 and 5918 of 2025 3. Pursuant to the aforesaid order, the fourth respondent temple has fixed the rents payable by the petitioners for a sum of Rs.25,850/- per month in a proceeding, dated 17.02.2025 as detailed below:4. After the aforesaid order was passed, the petitioners have filed these Writ Petitions seeking for Writ of Mandamus to forbear the respondents from taking further action pursuant to his proceedings in Miscellaneous Petition No.1025-2/2020/A2 dated 29.12.2023 in respect of Survey No.239/1B 3C at Kathaparai Village, Vennamalai Post, Karur Taluk, Karur District and in Miscellaneous Petition Nos.223/2024/A3, No.154/2024/A3, No.148/2024/A3 dated 27.09.2024 in respect of Survey No.577 at Aathur Village, Poolampadi Village Panchayat, Manmagalam Taluk, Karur District and forbearing the respondents not to take any action in respect of Survey No.570 and 574 at Sri Ragaventhra Nagar at Plot No.15 and Plot No.16 at Aathur Village, Poolampadi Village Panchayat, Manmagalam Taluk, Karur District.9/14 https://www.mhc.tn.gov.in/judis W.P(MD) Nos.5903, 5904, 5906, 5916, 5917 and 5918 of 20255. Under similar circumstances, this Court passed the order in W.P(MD) Nos.15247 and 15248 of 2025 vide order dated 05.06.2025, an operative portion of which is reproduced here under:“4. On perusal of records, it is seen that for a particular period, the petitioners were protected by the order of this Court dated 22.01.2025 in W.P. (MD)No.25821 of 2024, in which a direction was issued to the petitioners to file a suit. However, the temple is claiming title over the property and the respondents have passed eviction order. 5. In order to have balance of convenience, this Court directs the petitioners herein to pay a sum of Rs.10,000/- for each shop which is under their possession, within a period of four weeks from the date of receipt of a copy of this order. On such deposit the entire proceedings of eviction shall be kept in abeyance. The parties are directed to adhere to the outcome of the suit. However, the learned Principal Subordinate Judge, Karur, is directed to dispose the suit within a period of one year from the date of receipt of a copy of this order.”6. The petitioners are in possession of a land measuring an extent of an acre and are reportedly renting out a Textile unit under the name and style of Sofika Impex, Sannathi Theru, Vennaimalai, Karur – 639 006.10/14 https://www.mhc.tn.gov.in/judis W.P(MD) Nos.5903, 5904, 5906, 5916, 5917 and 5918 of 20257. Considering the same, the petitioners are permitted to pay the amount determined by the aforesaid order, dated 17.02.2025 of the fourth respondent. The petitioner shall deposit the amount within a period of 30 days from the date of receipt of copy of this order. Over and above the same, the petitioners shall also deposit a sum of Rs.5,00,000/- as security deposit. The petitioners are also given liberty to initiate the proceedings under Section 79(2) of Tamil Nadu HR and CE Act, 1959 as was ordered in a batch of W.P(MD) Nos.25821, 28189 to 28192, 29666, 30000, 30100, 30133 of 2024 and 390, 392, 1133, 1242, 1713 and 1717 of 2025, dated 22.01.2025. Since the petitioners are in possession of the said temple property, petitioners shall pay the arrears of the rent from 17.09.2024. The amount to be paid by the petitioners shall be treated as deposit, which to be appropriated or to be refunded back subject to the outcome of the suits to be filed by the petitioners. In case the petitioners fail to suceed the case, the amount will be appropriated. 8. It is also made clear that the respondents are at liberty to enhance the rent during the pendency of the suit, if it is desired. Therefore, the respondents are at liberty to enhance the rent during the pendency of the suit after issuing appropriate notice to the petitioners. In case, no such suits are filed, the respondents are at liberty to take steps to evict the petitioners. Arrears of the 11/14 https://www.mhc.tn.gov.in/judis W.P(MD) Nos.5903, 5904, 5906, 5916, 5917 and 5918 of 2025rent shall be paid by the petitioners together with arrears as on date of the payment within a period of three months from the date of receipt of copy of this order.9. With the above said directions and liberties, these Writ Petitions stand disposed of. Connected Miscellaneous Petitions are closed. No costs. 03.07.2025NCC : Yes / NoIndex : Yes / NoInternet : Yes / NoIndu12/14 https://www.mhc.tn.gov.in/judis W.P(MD) Nos.5903, 5904, 5906, 5916, 5917 and 5918 of 2025To1.The Commissioner, Hindu Religious and Charitable Endowments Department, Nungampakkam High Road, Chennai - 34.2.The Joint Commissioner, Hindu Religious and Charitable Endowments, Dindigul Division, Dindigul District – 624 005.3.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Dindigul Division, Dindigul District – 624 003. 13/14 https://www.mhc.tn.gov.in/judis W.P(MD) Nos.5903, 5904, 5906, 5916, 5917 and 5918 of 2025C.SARAVANAN, J. InduW.P(MD) Nos.5903, 5904, 5906, 5916, 5917 and 5918 of 2025 03.07.202514/14