Madras High Court
WP(MD)/31060/2026 of A.S.R.Balu Vs The Joint Commissioner on 2 November 2026
WP(MD) No. 31060 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 02-11-2026
CORAM
THE HON'BLE MR. JUSTICE SENTHILKUMAR
RAMAMOORTHY
WP(MD) No. 31060 of 2026
CNR:{HCMD011522752026}
AND
A.S.R.Balu
..Petitioner(s)
Vs
1. The Joint Commissioner
Hindu Religious and Charitable Endowments Department, Sivagangai Region, Sivagangai
2. The Assistant Commissioner
Hindu Religious and Charitable Endowments Department, Ramanathapuram
3. The Joint Commissioner / Executive Officer Arulmigu Ramanathaswamy Thirukoil, Rameswaram, Ramanathapuram District
..Respondent(s)
PRAYER: Writ Petition, filed under Article 226 of the Constitution of
WP(MD) No. 31060 of 2026
India, praying this court to issue a Writ of Certiorari calling for the records relating to the impugned order of the 1st respondent in Miscellaneous Petition No. 136/2024 dated 21.09.2026 and quash the same as illegal.
For Petitioner(s)
:Mr.A.M.Akbar Ali
For Respondent(s)
:Mr.P.Pethu Rajesh
Additional Government Pleader
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ORDER
Notice dated 09.04.2022 was issued to the petitioner threatening action under Section 80 of the TNHR&CE Act, 1959. Challenging said notice, the petitioner filed W.P.(MD) No.8583 of 2022. Initially an interim stay was granted. Later, on 01.06.2026, said Writ Petition was disposed of by recording that action would be taken under Section 80 of the TNHR&CE Act, 1959, if the petitioner fails to comply with the terms of the notice. Asserting that the order impugned herein was issued on the erroneous assumption that the petitioner is dead, the petitioner challenges the order dated 21.09.2026.
2. Mr.P.Pethu Rajesh, learned Additional Government Pleader, accepts notice for the respondents. He submits that action was taken against one Karpooram Chettiyar under the impugned order and that it is
WP(MD) No. 31060 of 2026 open to the respondent therein to file a suit under Section 79(2) of the statute.
3. Responding to the submission, learned counsel for the petitioner submits that action was proposed earlier against the petitioner under Section 80 by recognizing the petitioner as a tenant. He submits that the respondents cannot circumvent the earlier order of this Court holding that the respondents may take action under Section 80 by initiating action under Section 78 on the erroneous assumption that the petitioner is dead.
4. Although impugned order records that Karpooram Chettiyar was put in possession after the death of the petitioner herein, said order proceeds against Karpooram Chettiyar on the basis that he is a trespasser in occupation of the property of the temple. As regards Karpooram Chettiyar, the only statutory remedy lies in a suit under sub-section 2 of Section 79 of the statute. The impugned order, however, cannot be used to dispossess the petitioner. If the respondents intend to dispossess the petitioner from the property, appropriate proceedings in accordance with TNHR&CE Act, 1959, should be taken. If such proceedings were to be initiated, all contentions and remedies are left open to the petitioner.
WP(MD) No. 31060 of 2026
5. This Writ Petition is disposed of on these terms. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 02-11-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No apd To
1. The Joint Commissioner Hindu Religious and Charitable Endowments Department Sivagangai Region Sivagangai
2. The Assistant Commissioner Hindu Religious and Charitable Endowments Department Ramanathapuram
3. The Joint Commissioner / Executive Officer Arulmigu Ramanathaswamy Thirukoil Rameswaram Ramanathapuram District
WP(MD) No. 31060 of 2026 SENTHILKUMAR RAMAMOORTHY, J. apd WP(MD) No. 31060 of 2026 AND
02-11-2026