Writ petitions challenging a Fit Person's encroachment notice issued to petitioners regarding Arulmigu Periakathavarayan Temple lands. The court held that under Section 78 of the HR & CE Act, the Assistant Commissioner must report to the Joint Commissioner, who alone may act against encroachers, and directed that course be followed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 30.01.2025
CORAM:
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU
W.P.(MD) Nos.2664 to 2667 of 2025 and W.M.P.(MD) Nos.1877, 1878, 1883, 1885, 1905, 1906, 1882 and 1884 of 2025
K.Vasantha A.Khader Maideen A.Nooral Sheikh N.Sonai
... Petitioner in W.P.(MD) No.2664 of 2025 ... Petitioner in W.P.(MD) No.2665 of 2025 ... Petitioner in W.P.(MD) No.2666 of 2025 ... Petitioner in W.P.(MD) No.2667 of 2025
/vs./
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Madurai District.
... Respondents in all W.Ps.,
COMMON PRAYER: Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, calling for the records of the 2nd respondent dated 08.01.2025 in proceedings Nil, quash the same, as the same is in excess of powers, contrary to Sec.78 of Tamil Nadu Hindu Religious and Charitable Endowments Act 22/1959, arbitrary, ultravires.
For Petitioners in all W.Ps., : Mr.R.G.Shankar Ganesh For R1 in all W.Ps., : Mr.P.Subbaraj Special Government Pleader For R2 in all W.Ps., : Mr.Ramesh Mahadev
COMMON ORDER
The prayer sought for in these writ petitions is to call for the records of the second respondent dated 08.01.2025 and to quash the same, as the same is in excess of powers under Section 78 of the HR & CE Act, 1959 (herein after referred to as Act) .
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Index : Yes / No 30.01.2025 Internet : Yes / No
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To
The Assistant Commissioner,
Tamil Nadu Hindu Religious and Charitable Endowment Department, Madurai.
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K.KUMARESH BABU, J.
mm
W.P.(MD) Nos.2664 to 2667 of 2025
30.01.2025
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2 issues framed by the court
Whether the Fit Person's notice dated 08.01.2025 was beyond powers under Section 78 of the HR & CE Act, 1959.
What procedure under Section 78 must be followed for action against temple land encroachments.
2 provisions across 2 enactments
K.Vasantha
A.Khader Maideen
A.Nooral Sheikh
N.Sonai
The Assistant Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment Department, Madurai
The Fit Person/Executive Officer, Arulmigu Periakathavarayan Temple, Vadakarai, Tirumangalam Taluk, Madurai District
K.Kumaresh Babu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
