D.Kaliyaperumal (Deceased), Vs The Joint Commissioner

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WP No. 250 of 2020

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 23-09-2025

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CORAM

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THE HONOURABLE MR JUSTICE M.DHANDAPANI

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WP No. 250 of 2020 AND WMP NO. 289 OF 2020 & 290 OF 2020 and WMP.No.43330 of 2024

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D.Kaliyaperumal (Deased) K.Sabanayagam S/o.D.Kaliyaperumal (Petitioner has impleaded vide order dated 23.09.2025 in WMP.No.43330 of 2024 in WP.No.250 of 2020)

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Petitioner(s)

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Vs

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The Joint Commissioner Hindu Religious and Charitable Endowments Department, Villupuram, Villupuram District

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2.The Executive Officer Arulmigu Viruthagireeswarar Temple, Virudhachalam Taluk, Cuddalore District

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3. The Joint commissioner,

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Hindu Religious and Charitable Endowments Department, Cuddalore, Cuddalore District. (R3 impleaded vide order dated 23.09.2025 in WMP.No.11271 of 2021 in WP. No.250 of 2020)

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Muthumani W/o.Sethuraman

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Vasugi S/o.Nilavan

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6.Selvi

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https://www.mhc.tn.gov.in/judis

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WP No. 250 of 2020

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W/o.Dhanasekaran

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Arutchelvi W/o.Sekar (R4 to R7 impleaded vide order dated 23.09.2025 in WMP.No.43330 of 2024 in WP.No.250 of 2020)

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Respondent(s)

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PRAYER The writ petition has been filed under Article 226 of Constitution of India, to issue a writ of Certiorari, Call for the records connected in Na.Ka.No. 2507-1 / 2019 / B2, dated 06.12.2019 of the 1st respondent and quash the same as it is illegal and against the law.

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For Petitioner(s): Mr.A.R.Suresh for M/s.K.Arumugam For Respondent(s): Mr.K.Karthikeyan, GA (HR & CE)

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ORDER

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The writ petition has been filed seeking to quash the impugned order dated 06.12.2019 passed by the first respondent regarding cancellation of tenancy rights.

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During pendency of the writ petition, the sole petitioner died. Thereafter, male legal heir has filed impleading petition for impleading him as a petitioner and the female legal heirs have not joined with them. Hence, they were shown as respondents 4 to 7 in the writ petition. Further, the Joint commissioner, Hindu Religious and Charitable Endowments Department, Cuddalore, Cuddalore District is impleaded as 3^rd respondent. Accordingly, both

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https://www.mhc.tn.gov.in/judis

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WP No. 250 of 2020

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the miscellaneous petition is ordered.

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The learned counsel for the legal heirs submitted that the present writ petition has been filed as against the show cause notice issued by the first respondent under Section 79(1) of the Act. The learned counsel submitted that this Court without interfering with the impugned order, permits the petitioner to participate in the eviction proceedings which was subsequently transferred to the third respondent.

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In view of the limited request sought by the petitioner, this Court, without interfering with the impugned order and without going into the merits of the case, grants liberty to the petitioners to appear before the third respondent and participate in the eviction proceedings and canvass all the points before the third respondent in the manner known to law.

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