Madras High Court

WP(MD)/30529/2026 of S.Kamatchi Vs The Commissioner on 27 October 2026

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WP(MD) No. 30529 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 27-10-2026

CORAM

THE HON'BLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY

WP(MD) No. 30529 of 2026

CNR:{HCMD011499532026}

and

WMP(MD) Nos.23352 & 23353 of 2026

S.Kamatchi,

No.22, Palakkanuthu,

Nalupulikottai Sattaiyappanur,

Dindigul.

..Petitioner(s)

Vs

1. The Commissioner,

Hindu Religious and Charitable

Endowments Department,

Chennai - 600 034.

2. The Joint Commissioner,

Hindu Religious and Charitable

Endowments Department,

Dindigul District.

3. The Assistant Commissioner,

Hindu Religious and Charitable

Endowments Department,

Dindigul District.

4. The Executive Officer,

Arulmigu Kalahastheeswarar Thirukovil,

Dindigul District.

5. The Trustee / Hereditary Trustee,

Arulmigu Kalahastheeswarar Thirukovil,

Dindigul District.

..Respondent(s)

WP(MD) No. 30529 of 2026

PRAYER: Writ Petition, filed under Article 226 of the Constitution of India, praying this Court for issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order dated 05.10.2026

issued by the fourth respondent in respect of the property comprised in Survey No.795/1A, Palakanuthu Village, Dinidgul West, Dindigul District, quash the same as illegal, arbitrary, without jurisdiction and contrary to Sections 78, 79 and 79-A of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 and consequently forbear the respondents from interfering with the petitioner's peaceful possession and enjoyment of the property remove the encroachment.

For Petitioner :

Mr.P.Manikandan

For R1 to R3 :

Mr.P.Pethu Rajesh

Additional Government Pleader

For R4 & R5 :

Mr.V.Chandrasekar

Standing Counsel

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ORDER

The petitioner received notice dated 05.10.2026 from the Executive Officer of Arulmigu Kalahastheeswarar Thirukovil, Dindigul District. Apprehending that he would be evicted from the relevant premises, the present Writ Petition was instituted.

2. Mr.P.Pethu Rajesh, learned Additional Government Pleader, accepts notice for the first to third respondents. Mr.V.Chandrasekar, learned Standing Counsel, accepts notice for the fourth and fifth respondents.

WP(MD) No. 30529 of 2026

3. Learned Standing Counsel for the fourth and fifth respondents points out that the impugned notice calls upon the petitioner to hand over possession of the premises and also states that appropriate action would be taken in accordance with the statute if the petitioner were to fail to comply with the notice.

4. On perusal of the notice, the contention of learned Standing Counsel for the fourth and fifth respondents is liable to be accepted. Hence, no case is made out to interfere with the notice. As recorded therein, it is open to the respondents to initiate action under the relevant provisions of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, if the petitioner fails to comply with the terms of the notice.

5. This Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed. 27-10-2026 Index: No Speaking Neutral Citation: No JEN

WP(MD) No. 30529 of 2026 To

1. The Commissioner, Hindu Religious and Charitable Endowments Department, Chennai - 600 034.

2. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Dindigul District.

3. The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Dindigul District.

WP(MD) No. 30529 of 2026 SENTHILKUMAR RAMAMOORTHY, J. JEN WP(MD) No. 30529 of 2026 27-10-2026

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