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Madras High Court · body

2023 DAILYLAW 4113 (MAD)

S.Madhiayan v. The Commissioner

WP/13245/2023 · 2026-03-03

M Dhandapani

Transfer Petitionbody2023

Judgment text

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WP Nos. 13245 and 13853 of 2023 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03-03-2026 CORAM THE HON'BLE MR JUSTICE M.DHANDAPANI WP No. 13245 of 2023 and W.M.P.Nos.12960, 12961 of 2023 and W.M.P.No.30140 of 2024 & W.P.No.13853 of 2023 & W.M.P.No.13510 of 2023 S.Madhaiayan ..Petitioner in W.P.No.13245 of 2023 1. S.Ganesan S/o. Sanjeevan, No. 1/15, B-Agraharam, Konangihalli Panchayat, Nallampalli taluk, Dharmapuri - 636 813. 2. S.Kumar S/o. Sanjeevan, No. 1/15, B-Agraharam, Konangihalli Panchayat, Nallampalli taluk, Dharmapuri - 636 813. 3. S.Periyasamy, S/o. Sanjeevan, No. 1/15, B-Agraharam, Konangihalli Panchayat, Nallampalli taluk, Dharmapuri - 636 813. ..Petitioners in W.P.No.13853 of 2023 Vs 1. The Commissioner Hindu Religious and Charitable Endowment Department, Nungambakkam, Chennai. https://www.mhc.tn.gov.in/judis WP Nos. 13245 and 13853 of 2023 __________ Page2 of 6 2. V.Nataraj Iyer 3. Arulmigu Sendraya Swamy Thirukkovil, Pavalathur, Penagaram Taluk, Dharmapuri 4. P.Arumugam ..Respondents in W.P.No.13245 of 2023 1. The Commissioner HR and CE Department, Nungambakkam, Chennai. 2. The Joint Commissioner, HR and CE Department, Salem. 3. The Assistant Commissioner, HR and CE Department, Dharmapuri. 4. The Inspector, HR and CE Department, Dharmapuri. 5. The Hereditary Trusty, Sri Sendrayasamy Thirukoil, Pavalanthur, Pennagaram Taluk Dharmapuri - 636 810. 6. M.Nagaraj S/o. Mathappan, Jelmarampatti, Thasampatti, Pennagaram Taluk Dharmapuri - 636 811. ..Respondents in W.P.No.13853 of 2023 Prayer in W.P.No.13245 of 2023: Writ Petition filed under Article 226 of Constitution of India for issuance of a Writ of Certiorari calling for the records relating to the impugned auction notice dated 23.03.2023 of the 2nd respondent in respect of the property of an extent of 3.5 acres situated in https://www.mhc.tn.gov.in/judis WP Nos. 13245 and 13853 of 2023 __________ Page3 of 6 Survey No.297/1, Vattavanahalli village, Pavalathur, Pennagaram Taluk, Dharmapuri and quash the same. Prayer in W.P.No.13853 of 2023: Writ Petition filed under Article 226 of Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 to 5 to consider the representation of the petitioner dated 03.04.2023 and to accept the request of the petitioners and grant lease of the coconut trees in the land in S.No.254 of Pavalanthur Village, Vatttuvanahalli Panchayat, Pennagaram Taluk, Dharmapuri District in favour of the petitioners. W.P.No.13245 of 2023 For Petitioner(s): Mr.L.Palanimuthu For Respondent(s): Mr.K.Karthikeyan for R1 Government Advocate (HR&CE) Mr.Vijay Ganesh for R2 R3 & R4 – No appearance W.P.No.13853 of 2023 For Petitioner(s): Mr.V.Elangovan For Respondent(s): Mr.K.Karthikeyan for R1 To R4 Government Advocate Mr. Vijayaganesh for R5 and R6 C O M M O N O R D E R Since the issues involved in both the Writ Petitions pertains to Sri Sendrayasamy Thirukoil, Pavalanthur, Pennagaram Taluk, Dharmapuri - 636 810, they are taken up together and a common order is passed. https://www.mhc.tn.gov.in/judis WP Nos. 13245 and 13853 of 2023 __________ Page4 of 6 2. Heard the learned counsels appearing for the petitioners, the learned Government Advocate appearing for the respondents for HR & CE and the learned counsel for 2nd respondent in W.P.No.13245 of 2023 and respondents 5 and 6 in W.P.No.13853 of 2023 and perused the entire documents placed on record. 3. It is pertinent to point out that the petitioner in W.P.No.13245 of 2023 has challenged the auction notice dated 23.03.2023 of the temple property, viz., Arulmigu Sendraya Swamy Thirukkovil, Pavalathur, Penagaram Taluk, Dharmapuri. On an earlier occasion, viz., 27.04.2023, this Court, directed that the public auction shall go on and the same shall not be finalised till the next date of hearing. In the meanwhile, the tender was granted in favour of one Periyasamy and the period of tender was also over in the year 2024. Further, the respondent-Temple has to conduct fresh auction for the year 2026-2027. 4. Considering the earlier order passed by this Court dated 27.14.2023 and further, one Periyasamy has obtained tender and that the tender period was also over, the present Writ Petitions are disposed of with liberty to the petitioners to participate in the public auction to be conducted, if any, for the future year. https://www.mhc.tn.gov.in/judis WP Nos. 13245 and 13853 of 2023 __________ Page5 of 6 In the result, the present Writ Petitions are disposed of. Consequently, connected miscellaneous petitions are closed. No costs. 03-03-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ssd To 1. The Commissioner HR and CE department, Nungambakkam, Chennai. 2. The Joint Commissioner, HR and CE Department, Salem. 3. The Assistant Commissioner, HR and CE department, Dharmapuri. 4. The Inspector, HR and CE department, Dharmapuri. 5. The Hereditary Trusty, Sri Sendrayasamy Thirukoil, pavalanthur, Pennagaram Taluk Dharmapuri - 636 810. https://www.mhc.tn.gov.in/judis WP Nos. 13245 and 13853 of 2023 __________ Page6 of 6 M.DHANDAPANI, J. ssd WP Nos. 13245 & 13853 of 2023 03-03-2026 https://www.mhc.tn.gov.in/judis