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2022 DAILYLAW 4306 (MAD)

Dhanalakshmi v. The District Collector

WP/28524/2022 · 2026-03-13

K Surender, S M Subramaniam

Transfer Petitionbody2022

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP No. 28524 of 2022 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-03-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K. SURENDER WP No. 28524 of 2022 and WMP Nos. 27837 & 27838 of 2022 Dhanalakshmi W/o. Late Sivasami Kammatchi Amman Kovil Street kallathur Village udayarpalayam Taluk Ariyalur District 621 803 ..Petitioner(s) Vs 1. The District Collector Ariyalur District. 2. The Tahsildhar Udayarpalayam Taluk Ariyalur District 3. The Block Development officer Jayankondam, Ariyalur District 4. The President Kallathur Panchayat Ariyalur District 5. Veerarsamy S/o. Nasaiyar kallathur Village udayarpalayam Taluk Ariyalur District 6. Arulmigu Kalveeranswamy Thirukovil Rep. by Dharmakartha Mr. Veerasamy Udayarpalayam Taluk Ariyalur District 7. The Commissioner, Hindu Religious & Charitable Endowments, 119,Uthamar Gandhi Salai, Nungambakkam,Chennai – 600 034. (R7-Impleaded vide order dt.13.3.2026 made in WMP.32118/2022 in WP.28524/22 by SMSJ & KSJ) ..Respondent(s) https://www.mhc.tn.gov.in/judis WP No. 28524 of 2022 __________ Page2 of 4 To calling for the records of the 4th respondent pertaining to the Notice dated 29.07.2022 and quash the same and consequently forbear the respondents, their men, representatives and agents from interfering with petitioners possession and enjoyment of the aforesaid property situate in S.No. 174 / 21, Keezhkudiyiripu village, udayarpalayam Taluk, Ariyalur District WP No. 28524 of 2022 For Petitioner(s): Mr.Hareesh .K.M., for M/s.PV Law Associates For Respondent(s): Mr.T.Arun Kumar, Addl.Govt.Pleader for R1 to R4 , Mr.K.Karthikeyan Govt.Advocate (HR&CE) for R6 & R7 Order (Order of the Court was made by S.M.Subramaniam J.) A Writ Petition has been instituted challenging the show cause notice dated 29.07.2022. 2. Learned Additional Government Pleader would submit that the subject property belongs to temple. Thus, the competent authority under the Hindu Religious and Charitable Endowment Act (HR&CE Act) has to initiate eviction proceedings by invoking Section 78 of the said Act. However, the President has no authority to initiate enforcement action. Thus, a show cause notice is to be treated as a report which is to be communicated to the competent authority under the HR&CE Act, who in turn, is empowered to conduct inspection and thereafter, initiate eviction proceedings under Section https://www.mhc.tn.gov.in/judis WP No. 28524 of 2022 __________ Page3 of 4 78 of the Act. The petitioner is at liberty to defend his case in the manner contemplated under the Act. Accordingly, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. (S.M.S.,J.) (K.S.,J.) 13-03-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No VSI To 1. The District Collector Ariyalur District. 2. The Tahsildhar Udayarpalayam Taluk Ariyalur District 3. The Block Development officer Jayankondam, Ariyalur District 4. The President kallathur Panchayat Ariyalur District https://www.mhc.tn.gov.in/judis WP No. 28524 of 2022 __________ Page4 of 4 S.M.SUBRAMANIAM J. AND K.SURENDER J. VSI WP No. 28524 of 2022 and WMP Nos. 27837 & 27838 of 2022 13-03-2026 https://www.mhc.tn.gov.in/judis