Madras High Court
WP(MD)/28499/2026 of Velayutham V.S Vs The Commissioner on 5 October 2026
W.P.(MD) No.28499 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.10.2026
CORAM
THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P.(MD) No.28499 of 2026
{CNR: HCMD011406752026}
and
W.M.P.(MD) Nos.21630 & 21631 of 2026
Case QR
V.S.Velayutham
... Petitioner
Vs.
1.The Commissioner,
Hindu Religious and Charitable
Endowments (HR and CE) Department,
119, Uthamar Gandhi Salai,
Nungambakkam, Chennai 600 034.
2.The Executive Officer,
Pillaiyan Arthasama Kattalai,
Papanasam,
Office at : No 35, Sudalaimadan Kovil Street, Tirunelveli Town, Tirunelveli District.
3.The Village Administrative Officer (VAO), Adayakarungulam Village, Ambasamudram Taluk, Tirunelveli District.
... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus forbearing the first and second respondents from evicting the petitioner without following due process of
W.P.(MD) No.28499 of 2026
law or by interfering with the petitioner's possession to the lands in S.Nos.
157/1 (1.37 Acres), 155/1 (0.50 Cents), 31/2 (5.61 Acres), 156/1 (0.14
Cents), and 156/2 (0.57 Cents) situated at Adayakarungulam Village, Ambasamudram Taluk, Tirunelveli District, leased lands except in accordance with the provisions of the Tamil Nadu Public Trusts (Regulation of Administration of Agricultural lands) Act, 1961 and also to remove the fencing therein.
For Petitioner
: Mr.V.R.Shanmuganathan
For R1 & R3
: Mr.S.I.Muthiah
Additional Government Pleader
For R2
: Mr.H.Arumugam
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O R D E R
Asserting that a fence was erected around the petitioner's agricultural lands without notice and that steps are being taken to unlawfully evict the petitioner, the petitioner has approached this Court for a mandamus.
2. Relying on the judgment of the Division Bench of this Court in V.Angu Vs. The Commissioner, Hindu Religious and Charitable Endowments Department and another, judgment dated 20.07.2016 in W.A.No.1174 of 2012, the learned counsel for the petitioner submits that
W.P.(MD) No.28499 of 2026 the applicable statute is the Tamil Nadu Public Trusts (Regulation of Administration of Agricultural Lands) Act, 1961 and not the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959.
3. Mr.S.I.Muthiah, learned Additional Government Pleader, accepts notice for the first and third respondents. Mr.H.Arumugam, learned counsel, accepts notice for the second respondent.
4. The learned counsel for the second respondent, Mr.H.Arumugam, points out that the petitioner has admitted that he has sub-leased a portion of the land. He also contends that no agricultural activity is being carried out on the relevant property and that the property is being put to use as a car park for an adjoining Kalyanamandapam.
5. These assertions are refuted by the petitioner.
6. The learned counsel for the second respondent, Mr.H.Arumugam, also submits that the procedure prescribed in Section 78 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, would be followed before dispossessing the petitioner.
W.P.(MD) No.28499 of 2026
7. In view of the submission that the procedure prescribed by law would be followed before the petitioner is dispossessed, it is not necessary to adjudicate the matter on merits at this juncture.
8. Recording the above submission, this Writ Petition is disposed of by leaving all contentions open to the petitioner. There shall be no order as to costs. Consequently, the connected Miscellaneous Petitions are closed. 05.10.2026 JEN NCC : No Index : No To
1. The Commissioner, Hindu Religious and Charitable Endowments (HR and CE) Department, 119, Uthamar Gandhi Salai, Nungambakkam, Chennai 600 034.
2. The Executive Officer, Pillaiyan Arthasama Kattalai, Papanasam, Office at : No 35, Sudalaimadan Kovil Street, Tirunelveli Town, Tirunelveli District.
3. The Village Administrative Officer (VAO), Adayakarungulam Village, Ambasamudram Taluk, Tirunelveli District.
W.P.(MD) No.28499 of 2026 SENTHILKUMAR RAMAMOORTHY, J. JEN W.P.(MD) No.28499 of 2026 05.10.2026