Dismissed¶35

A. Vijayakumar v. The Secretary to Government

Madras HC29 Jan 2026WA/178/2026

Case brief

AI extract

What is this about?

Writ Appeal No.178 of 2026, Madras High Court, decided 29.01.2026 by Chief Justice Manindra Mohan Shrivastava and Justice G. Arul Murugan; appeal under Clause 15 of the Letters Patent against order dated 05.12.2025 in W.P.No.40883 of 2025; dismissed. Extension of further three months to vacate refused to encroacher of HR & CE temple premises (Arulmiku Amirthakadeswarar Swami Thirukovil, Thirukkadaiyur); eviction order dated 31.03.2022; extraordinary jurisdiction discretionary and equitable; no further indulgence to encroacher; no order as to costs; interim applications (CMP Nos.1640 and 1642 of 2026) closed.

What did the court decide?

The prayer for extension of a further three months to vacate the premises cannot be accepted in the appellate proceedings; the appellant is an encroacher who has been directed to be evicted. ¶26

A. Vijayakumar Vs The Secretary to Government — Madras HC (2026) — LawSathi Research

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WA No.178 of 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 29.01.2026

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CORAM

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THE HON'BLE MR.MANINDRA MOHAN SHRIVASTAVA,

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CHIEF JUSTICE

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AND

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THE HON'BLE MR.JUSTICE G.ARUL MURUGAN

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Writ Appeal No.178 of 2026 and CMP Nos.1640 and 1642 of 2026

A.Vijayakumar

.. Appellant

-vs-

The Secretary to Government, Hindu Religious & Charitable Endowment Department, Secretariat, Fort St. George, Chennai 600 009.

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The Commissioner, Hindu Religious & Charitable Endowment Department,, Nungambakkam, Chennai 600 034.

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The Joint Commissioner, Hindu Religious & Charitable Endowment Department, Mayiladuthurai.

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The Hereditary Trustee, Darumapura Adhinam, Arulmiku Amirthakadeswarar Swami Thirukovil, Thirukkadaiyur, Tharangampadi Taluk, Mayiladuthurai.

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

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WA No.178 of 2026

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The Assistant Commissioner, Hindu Religious & Charitable Endowment Department,, Mayiladuthurai. .. Respondents

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Prayer: Appeal filed under Clause 15 of the Letters Patent against the order dated 05.12.2025 passed in W.P.No.40883 of 2025 on the file of this Court.

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For Appellant : Mr.S.Ayyathurai For Respondents : Mr.N.R.R.Arun Natarajan Spl. Govt. Pleader (HR & CE), for RR 1 to 3 and 5 : Mr.M.Manivasagam, for R-4 * * * * *

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JUDGMENT

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(Judgment of the Court was delivered by the Hon'ble Chief Justice)

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The prayer for extension of further time of three months to vacate the premises from which the appellant has been directed to be evicted, having been found to be an encroacher, cannot be accepted, in the appellate proceedings.

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It is apparently clear that even though an eviction order was

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passed against the appellant way back on 31.03.2022, due to pendency of various proceedings at different stages upto this Court,

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

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WA No.178 of 2026

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the appellant has been enjoying possession. The learned Single Judge, by the impugned order passed on 05.12.2025, gave the petitioner almost two months’ time to vacate the premises.

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We do not think, more than that any further indulgence

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should be granted to the appellant. Exercise of extraordinary jurisdiction is discretionary and equitable in nature. We do not find any basis to give further indulgence to an encroacher.

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Writ Appeal is dismissed. There shall be no order as to costs. Consequently, the interim applications stand closed.

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(MANINDRA MOHAN SHRIVASTAVA, CJ.) (G.ARUL MURUGAN, J.) 29.01.2026 Index : Yes/No Neutral Citation : Yes/No

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sra

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

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WA No.178 of 2026