Madras High Court

WP(MD)/31511/2026 of S.Arunkumar Vs The Joint Commissioner on 4 November 2026

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WP(MD) No. 31511 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 04-11-2026

CORAM

THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY

WP(MD) No. 31511 of 2026

CNR:{HCMD011585092026}

and

WMP(MD) No.24200 of 2026

S.Arunkumar,

No.1/489, Thiru.Vi.Ka.Street,

Vallam, Shengottah Taluk,

Tenkasi District.

..Petitioner(s)

Vs

1. The Joint Commissioner,

Hindu Religious and Charitable

Endowments Department,

Tuticorin, Tuticorin District.

2. The Assistant Commissioner/Executive Officer, Hindu Religious and Charitable Endowments Department, Courtallam, Tenkasi District.

..Respondent(s)

PRAYER: Writ Petition, filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the respondents in second respondent in Na.Ka.No.616/2026 dated 22.10.2026 and quashing the same and consequently directing the respondents to permit the petitioner to continue his tenancy in respect of the Shop Nos.17 and 18 situated in the Thirukuttralanathar Temple premises, Tenkasi.

__________

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WP(MD) No. 31511 of 2026

For Petitioner

: Mr.P.Gunasekaran

For R1

: Mr.S.Iniyan Karthik

Government Advocate

For R2

: Mr.S.Manohar

Standing Counsel

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ORDER

The petitioner's late father, Subramaniam, was a tenant in respect of two shops at Door Nos.17 and 18 in the premises of the Arulmigu Thirukutttralanathar Temple, Courtallam, Tenkasi District. According to the petitioner, his father was suffering from cancer and had allowed his friend named Diwan Oli to run the business for a short period. The petitioner admits that there were rental arrears to the extent of Rs.5,00,000/- and that he discharged such arrears on 11.08.2026.

2. Learned counsel for the petitioner refers to the counter affidavit filed by Diwan Oli to contend that said Diwan Oli acknowledged that the petitioner's father was the tenant.

3. Mr.S.Iniyan Karthik, learned Government Advocate, accepts notice on behalf of the first respondent. Mr.S.Manohar, learned Standing Counsel, accepts notice on behalf of the second respondent. __________

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WP(MD) No. 31511 of 2026

4. Learned Standing Counsel for the second respondent submits that action was initiated against defaulting tenants and trespassers pursuant to orders of the Division Bench of this Court. He adds that the petitioner has an alternative statutory remedy.

5. The order records that the petitioner had unlawfully sublet the premises in violation of Clauses 1, 3 and 7 of the relevant Lease Deed. In the affidavit, the petitioner admits that his father had allowed his friend named Diwan Oli to run the business. Non-payment of rental dues within the stipulated time is also admitted.

6. In these circumstances, the petitioner has failed to make out a case for interference and judicial review. Leaving it open to the petitioner to avail of the statutory remedies, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, the connected Miscellaneous Petition is closed. 04-11-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No JEN __________

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WP(MD) No. 31511 of 2026 To

1. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Tuticorin, Tuticorin District.

2. The Assistant Commissioner/Executive Officer, Hindu Religious and Charitable Endowments Department, Courtallam, Tenkasi District. __________

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WP(MD) No. 31511 of 2026 SENTHILKUMAR RAMAMOORTHY, J. JEN WP(MD) No. 31511 of 2026 04-11-2026 __________

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