W.P.(MD) No.21111 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.08.2025 CORAM: THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.(MD) No.21111 of 2025 and W.M.P.(MD) No.16331 of 2025 M.Thiruppathi ... Petitioner /vs./ 1.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Thoothukudi. 2.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Courtrallam, Tenkasi District. 3.The Executive Officer, Arulmigu Kutralanatha Swamy Thirukovil, Courtrallam, Tenkasi District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, calling for the records pertaining to the impugned petition initiated by the 1st respondent in M.P.No.447 of 2024 and quash the same. 1/9 https://www.mhc.tn.gov.in/judis W.P.(MD) No.21111 of 2025 For Petitioner : Mr.S.Manojkumar For R1 & R2 : Mr.SS.Madhavan Additional Government Pleader For R3 : Mr.S.Manohar standing counsel ORDER Mr.SS.Madhavan, learned Additional Government Pleader takes notice for the respondents 1 and 2 and Mr.S.Manohar, learned standing counsel takes notice for the third respondent. 2.The petitioner has challenged the impugned initiation of proceedings of the first respondent/the Joint Commissioner dated 12.07.2024 in M.P.No.447 of 2024 under Section 78(1)(d) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (herein after referred to as Act). 3.By the impugned proceedings initiated by the first respondent, the petitioner has been asked to vacate the premises and to pay the arrears of rent for occupation of the property of the third respondent temple, namely, Arulmigu Kutralanatha Swamy Thirukovil, Courtallam, Tenkasi District. 2/9 https://www.mhc.tn.gov.in/judis W.P.(MD) No.21111 of 2025 4.The prayer in M.P.No.447 of 2024 reads as under:- “m) kD jgrpy; nrhj;jpypUe;J ,e;j vjpu;kDjhuiu ntspNaw;wp> jgrpy; nrhj;jpd; RthjPdj;ij 2k; kDjhuu; trk; xg;gilf;f cj;jutplTk;> M) kD jgrpy; nrhj;jpw;F 31.07.2024 Kba nrYj;j Ntz;ba thlif ghf;fp &.133893/- I ,e;j vjpu;kDjhuu; 2k; kDjhuu; jpUf;NfhapYf;F nrYj;j cj;juTk;> ,) kD jgrpy; nrhj;jpw;F tof;F jhf;fy; nra;j fhyk; Kjy; jgrpy; nrhj;jpd; RthjPdj;ij 2k; kDjhuu; jpUf;Nfhapy; trk; xg;gilf;Fk; fhyk; tiu nrYj;j Ntz;b el;lj; njhifapid nrYj;j cj;jutplTk;> <) kDjhuu;fSf;F tof;fpd; nryTj; njhifapid vjpu;kDjhuu; nrYj;j cj;jutplTk;> c) tof;fpd; jd;ikf;Nfw;g ,ju gupfhuq;fs; toq;fp cj;jutplTk;>” 5.Earlier, the petitioner's sister one M.Parameswari had approached this Court in W.P.(MD) No.14164 of 2024. An order came to be passed by this Court on 01.07.2024, wherein, the respondents therein were directed to maintain status quo pending impleading of the petitioner herein. 6.The said writ petition was filed by the petitioner's sister, M.Parameswari, for a Mandamus to direct the respondents therein, namely, the Assistant Commissioner, HR & CE Department, Courtallam, Tenkasi District and the 3/9 https://www.mhc.tn.gov.in/judis W.P.(MD) No.21111 of 2025 Executive Officer, Arulmigu Kutralanatha Swamy Thirukovil, Courtallam, Tenkasi District/the third respondent herein, to receive the arrears of rent payable for the lease of shop No.106, Keelaradha Veedhi, Courtallam, Tenkasi District. 7.In the said writ petition, the petitioner therein, namely Parameswari, the sister of the petitioner herein, was directed to implead the petitioner herein, vide order dated 01.07.2024. Later, an order came to be passed on 15.07.2024, wherein, this Court had taken note of the orders passed by this Court in W.P.(MD) No.453 of 2024 along with W.P.(MD) No.1276 of 2024 filed by one Murugan, who was the fifth respondent in W.P.(MD) No.453 of 2024. 8.The order, dated 15.07.2024 in W.P.(MD) No.14164 of 2024 records the initiation of proceedings under Section 78 of the Act and also records the Contempt Petition filed by the petitioner in Cont.P.(MD) No.1261 of 2024, which is pending before this Court. The Court had directed the matter to be listed before the Hon'ble Mr.JUSTICE B.PUGALENDHI, who was seized of the Cont.P.(MD) No.1261 of 2024 after obtaining necessary permission from the Hon'ble Administrative Judge. 4/9 https://www.mhc.tn.gov.in/judis W.P.(MD) No.21111 of 2025 9.The order dated 15.07.2024 passed in W.P.(MD) No.14164 of 2024 reads as under:- “It is noticed that the petitioner's brother M.Thirupathi, who has now been impleaded as the third respondent in this Writ Petition today vide separate order passed in W.M.P.(MD) No.13784 of 2024, had filed W.P. (MD) No.453 of 2024 which came to be dismissed on 15.02.2024 along with W.P.(MD) No.1276 of 2024 filed by one Murugan who was the fifth respondent in W.P.(MD) No.453 of 2024. 2.Pursuant to the aforesaid order, the second respondent herein has initiated proceedings under Section 78 of the Hindu Religious and Charitable Endowments Act, 1959. It is in this background the petitioner who is the sister of the said M.Thirupathi is before this Court seeking direction to the first and second respondents to receive the arrears of rent payable for Shop No.106 at Keezha Radha Veedhi, Courtallam, Tenkasi District. 3.It appears that the said M.Tirupathi has filed Contempt Petition before this Court in Cont.P.(MD) No.1261 of 2024 which is pending before the Hon'ble Mr.Justice B.Pugalendhi who has passed the final order dated 15.02.2024 in W.P.(MD) Nos.453 & 1276 of 2024. 4.It is the case of the petitioner that the petitioner and his brother M.Tirupathi have been targeted by the first and second respondents at the instance of one Sudalai who was allotted the Shop and presently wields influence though he had relinquished the lease in favour of the petitioner's father. It is submitted that there are more than 160 shops where tenants are arrears. It is submitted that there are no arrears of rent as far as the Shop No.106 under the petitioner's family is concerned. 5.However, Mr.S.Manohar, learned Standing Counsel for the second respondent would deny the contention of the learned counsel for the petitioner. He submits that in respect of Shop No.106 also, the petitioner's family is in arrears of rent. 5/9 https://www.mhc.tn.gov.in/judis W.P.(MD) No.21111 of 2025 6.Be that as it may, in the fitness of things, I am of the view that this Writ Petition can be listed before the Hon'ble Mr.Justice B.Pugalendhi who is presently hearing Cont.P.(MD) No.1261 of 2024 after obtaining necessary permission from the Hon'ble Administrative Judge of this Court.” 10.The common order, which was earlier passed, gave raise to the above Cont.P.(MD) No.1261 of 2024 by the Writ Court in W.P.(MD) Nos.453 and 1276 of 2024 filed by the petitioner and by the said Murugan. The Court had dismissed the said writ petitions and directed the third respondent herein to initiate proceedings under Section 78 of the Act. 11.Relevant portion of the order dated 15.02.2024 reads as under:- “25.There is no document placed before this Court that the petitioners are lessees of the respondent temple. The petitioner Murugan has also not paid the arrears of rent as directed by this Court. In the absence of the lease, this Court is not inclined to grant the relief as sought for and these writ petitions are dismissed with a direction to the Executive Officer of the Temple, to initiate action under Section 78 of the HR and CE Act as against the petitioners and also as against all the similarly placed persons. ” 12.It is in this background, the petitioner is now before this Court against the impugned initiation of proceedings stating that since an order was passed for 6/9 https://www.mhc.tn.gov.in/judis W.P.(MD) No.21111 of 2025 impleading the petitioner as a party to W.P.(MD) No.14164 of 2024, the first respondent was not justified in initiating the proceedings vide M.P.No.447 of 2024. 13.The impugned proceedings that have been initiated by the first respondent at the behest of the respondents 2 and 3 are pursuant to the order dated 15.02.2024 in W.P.(MD) Nos.453 and 1276 of 2024, operative portion of which has been extracted above. 14.Therefore, mere pendency of W.P.(MD) No.14164 of 2024 at the behest of the petitioner's sister for a Mandamus, wherein, there was an order to implead the petitioner, is of no relevance. That apart, it is noticed that W.P.(MD) No.14164 of 2024 was dismissed on 27.09.2024. Para 6 of the said order reads as under:- “6.Admittedly the petitioner is not a lessee and she is in occupation of Shop.No.106, which was originally allotted to one Sudalai. The receipts placed before this Court are also in the name of Sudalai. In the absence of any lease agreement, the petitioner is not entitled for the relief as prayed for. This writ petition is dismissed with liberty to the petitioner to workout her remedy in the application filed for transfer of the lease in her name. No costs.” 7/9 https://www.mhc.tn.gov.in/judis W.P.(MD) No.21111 of 2025 15.Thus, there is no merit in the present Writ Petition. Therefore, the Writ Petition deserves to be dismissed and is accordingly, dismissed. The first respondent/the Joint Commissioner is directed to complete the enquiry in M.P.No. 447 of 2024 as expeditiously as possible, preferably within a period of six months from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petition is closed. Index : Yes / No 04.08.2025 Internet : Yes / No mm To 1.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Thoothukudi. 2.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Courtrallam, Tenkasi District. 8/9 https://www.mhc.tn.gov.in/judis W.P.(MD) No.21111 of 2025 C.SARAVANAN, J. mm W.P.(MD) No.21111 of 2025 04.08.2025 9/9 https://www.mhc.tn.gov.in/judis