Madras High Court
WP CRL./2739/2026 of S.Palanisamy Vs The State Rep. by, The Superintendent of Police on 15 October 2026
WP Crl. No. 2739 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15-10-2026
CORAM
THE HON'BLE MR.JUSTICE V. LAKSHMINARAYANAN
WP Crl. No. 2739 of 2026
CNR: {HCMA012439512026}
S.Palanisamy
S/o Sengoda Gounder,
Door No.6/63A, Mangalam Pudur,
Mangalam, Trichengode Taluk,
Namakkal District.
..Petitioner(s)
Vs
1. The State Rep. by, The Superintendent of Police Office of the Superintendent of Police, Namakkal.
2. The Deputy Superintendent of Police
Office of Deputy Superintendent of Police, Tiruchengode, Namakkal District.
3. The Inspector of Police
Mallasamudram Police Station,
Tiruchengode, Namakkal District.
4. The Executive Officer
Arulmigu Karpoora Vinayagar
Athanoorramman and Azhgunachiamman
Temples
Mangalam, Tiruchengode Taluk,
Namakkal District.
5. The Executive Officer
Hindu Religious and Charitable Endowments Department, Arulmigu Lakshminarayanana Perumal Koil, Mangalam, Tiruchegode Taluk, Namakkal District.
6. The Executive Officer
( Uploaded on: 29/10/2026 04:07:12 pm )
WP Crl. No. 2739 of 2026
Arulmigu Chokkanathaswamy Temple,
Mangalam, Tiruchengode Taluk,
Namakkal District.
(R4 to R6 are suo motu impleaded as per the order of this court dated 12.10.2026 in WP.Crl.No.2739 of 2026)
..Respondent(s)
To Writ of Mandamus issue direction directing the Respondents not to interfere in the civil dispute in respect of Petitioners cultivating agricultural lands comprised in Survey No.114/7,114/8,109/3,109/5 and 109/6
respectively situated at Mangalam Village, Tiruchengode Taluk, Namakkal District by considering Petitioner’s representations dt.17.08.2026 and 03.10.2026 and pass such further or other orders as this Hon’ble Court may deem fit and proper on the circumstances of the case and thus render justice.
For Petitioner(s):
Mr.R.Marudhachalamurthy
For Respondent(s):
Mr.S.Yogaraja Sekar
Counsel for Tamil Nadu
(Crl.Side) for R1 to R3
Mr.N.Manoharan for R4 & R6
Mr.S.Surya for R5
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
The petitioner claims to be in occupation of the property situated in S.Nos.114/7, 118/7, 109/3, 109/5 and 109/6 of Mangalam Village, Thiruchengode Taluk, Namakkal District. He claims to be a lessee under a Temple governed by the Tamil Nadu Hindu Religious and Charitable Endowments Act,1959 (hereinafter referred to as the “HR & CE Act”). Several disputes have arisen between the parties. Finally, the HR & CE Department
( Uploaded on: 29/10/2026 04:07:12 pm )
WP Crl. No. 2739 of 2026
placed a board stating that the property belongs to it. It alleges that the writ petitioner removed the board. The police called him for enquiry.
2. It is the plea of Mr.Marudhachalamurthy that under the guise of enquiry into the removal of the board, the third respondent police is calling upon the petitioner to surrender possession.
3. Mr.S.Yogaraja Sekar states that the police are only conducting enquiry into the complaint that has been lodged and at no point of time, they had called upon the petitioner to handover possession to respondents 4 and 6.
4. It is the plea of Mr.N.Manoharan that several litigations had taken place between the hereditary trustees and the Government and finally, this Court, by an order in W.A.No.862 of 2021 dated 04.09.2025 had directed the Government to grant patta in favour of the Temple.
5. Mr.S.Surya states that proceedings have been initiated under Section 78(2) of the HR & CE Act to evict the petitioner from the Temple lands in Na.Ka.No.4742 to 477 of 2026 before the Joint Commissioner, Erode.
6. I have heard the submissions made on all sides. I have perused the materials on record.
( Uploaded on: 29/10/2026 04:07:12 pm )
WP Crl. No. 2739 of 2026
7. I do not have go into the respective rights of the parties in this writ petition. The very fact that the temple has initiated proceedings for eviction shows that the petitioner is in possession of the property. Under the guise of enquiry into the removal of the board, the police are not entitled to dispossess the writ petitioner. The statement of Mr.S.Yogaraja Sekar that the enquiry will be confined only to the removal of the board is recorded. It is open to respondents 4 and 6 to vigorously pursue the proceedings before the Joint Commissioner, HR & CE, Erode and take possession in accordance with law.
8. With the above observations, the writ petition is disposed of. 15-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No KAL
( Uploaded on: 29/10/2026 04:07:12 pm )
WP Crl. No. 2739 of 2026
To
1. The State Rep. by, The Superintendent of Police Office of the Superintendent of Police, Namakkal.
2. The Deputy Superintendent of Police Office of Deputy Superintendent of Police, Tiruchengode, Namakkal District.
3. The Inspector of Police Mallasamudram Police Station, Tiruchengode, Namakkal District.
4. The Executive Officer Arulmigu Karpoora Vinayagar Athanoorramman and Azhgunachiamman Temples Mangalam, Tiruchengode Taluk, Namakkal District.
5. The Executive Officer Hindu Religious and Charitable Endowments Department, Arulmigu Lakshminarayanana Perumal Koil, Mangalam, Tiruchegode Taluk, Namakkal District.
6. The Executive Officer Arulmigu Chokkanathaswamy Temple, Mangalam, Tiruchengode Taluk, Namakkal District.
( Uploaded on: 29/10/2026 04:07:12 pm )
WP Crl. No. 2739 of 2026
V.LAKSHMINARAYANAN, J. KAL WP Crl. No. 2739 of 2026 15-10-2026
( Uploaded on: 29/10/2026 04:07:12 pm )
WP Crl. No. 2739 of 2026
( Uploaded on: 29/10/2026 04:07:12 pm )