Ramachandran v. The District Collector

Madras HC17 Jul 2025WP(MD)/19313/2025

Case brief

AI extract

What is this about?

Keywords: W.P(MD)No.19313 of 2025; Madras High Court Madurai Bench; C.Saravanan J.; writ of mandamus; Article 226; HR&CE; Section 78 Tamil Nadu Hindu Religious and Charitable Endowments Act 1959; Thanekoneriappa Mudaliar Kattalai; Thiruvavadurdurai Aadhinam; encroachment eviction; representation dated 16.06.2025; Joint Commissioner HR&CE Madurai; Kaviya Sangamithra; disposed at admission; notice dispensed with; no costs.

What did the court decide?

Writ petition disposed of at admission without adverse order against any party; petitioner given liberty to file an appropriate application under Section 78 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 before the third respondent (Joint Commissioner, HR&CE, Madurai), who is to pass appropriate orders on merits after due notice to the fourth respondent. No costs.

Ramachandran Vs The District Collector — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a writ of mandamus should issue directing the second respondent (Commissioner, HR&CE, Chennai) to take immediate action on the petitioner's representation dated 16.06.2025 concerning eviction of the fourth respondent's purported encroachment on the Thanekoneriappa Mudaliar Kattalai property.

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Court's answer

Liberty is granted to the petitioner to file an appropriate application under Section 78 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 before the third respondent (Joint Commissioner, HR&CE, Madurai), instead of a direct mandamus to the second respondent.

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Ratio / Principle

Upon receipt of such Section 78 application, the third respondent shall consider it and pass appropriate orders on merits and in accordance with law, after giving due notice to the fourth respondent.

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Key takeaways

The writ petition was disposed of at the time of admission with notice to the fourth respondent dispensed with, as no adverse orders were proposed against her.obiter¶¶25

Detailed headnote1 paragraphs

Madurai Bench of Madras High Court (C.Saravanan, J.), W.P(MD)No.19313 of 2025, decided 17.07.2025: A writ of mandamus sought by the Manager of Thanekoneriappa Mudaliar Kattalai, Thiruvavadurdurai Aadhinam, asking the Commissioner, HR&CE, Chennai, to act on his representation dated 16.06.2025 for eviction of the fourth respondent's purported encroachment on the kattalai property, was disposed of at the time of admission. Instead of issuing a mandamus, the Court granted liberty to the petitioner to file an appropriate application under Section 78 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 before the Joint Commissioner, HR&CE, Madurai (third respondent), who shall consider the application and pass appropriate orders on merits and in accordance with law after giving due notice to the fourth respondent. Notice to the fourth respondent was dispensed with as no adverse orders were proposed against her. No costs.

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W.P(MD)No.19313 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 17.07.2025

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CORAM

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THE HONOURABLE MR.JUSTICE C.SARAVANAN

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W.P(MD)No.19313 of 2025

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Ramachandran S/o.Govindasamy, Manager, Thanekoneriappa Mudaliar Kattalai, Thiruvavadurdurai Aadhinam, 72,Thanappamudali Street, Madurai – 625001.

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... Petitioner

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Vs.

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1.The District Collector, Madurai District, Madurai.

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2.The Commissioner, Hindu Religious and Charitable Endowment Department, Chennai.

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3.The Joint Commissioner,

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Hindu Religious and Charitable Endowment Department, Madurai, Madurai District.

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4.Kaviya Sangamithra ...Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the second

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

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W.P(MD)No.19313 of 2025

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respondent to take immediate action based on the petitioner's representation dated 16.06.2025 with stipulated time as fixed by this Court.

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For Petitioner : Mr.M.Ramu

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For R1 to R3 : Mr.S.S.Madhavan Additional Government Pleader

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ORDER

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This writ petition has been filed for a writ of Mandamus to direct the second respondent to take immediate action based on the petitioner's representation dated 16.06.2025.

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This writ petition is disposed of at the time of admission after

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dispensing with notice to the fourth respondent as no adverse orders are proposed to passed against her.

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The petitioner claims to be the Manager of Thanekoneriappa Mudaliar Kattalai, Thiruvavadurdurai Aadhinam. The petitioner has submitted a representation to the second respondent seeking to take steps to evict the fourth respondent, who has purportedly encroached on the property of the aforesaid Aadhinam, of which the petitioner is the Manager.

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

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W.P(MD)No.19313 of 2025

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It is submitted that the petitioner will have to file an appropriate application under Section 78 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, although the petitioner may have a case for directing the official respondents to evict the fourth respondent.

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Under these circumstances, liberty is granted to the petitioner to file an appropriate application under Section 78 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 before the third respondent. The third respondent shall thereafter consider the application and pass appropriate orders on merits and in accordance with law, after giving due notice to the fourth respondent.

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