Periyasamy, v. the Commissioner

Madras HC22 Jan 2026WP/35828/2024

Case brief

AI extract

What is this about?

Writ petition certiorari Article 226 Madras High Court; impleading petition dismissed set aside; petitioners impleaded as respondents in O.A.No.17 of 2014; HR&CE (Admn) Department Joint Commissioner Salem; necessary and proper parties; no objection by contesting respondents; disposal of O.A. within 3 months; counter within one week; no costs; connected W.M.P.Nos.38685 of 2024 and 50903 of 2025 closed; Dharmapuri; D. Bharatha Chakravarthy, J.; decided 22-01-2026.

What did the court decide?

Writ petition disposed on terms: order in I.A.No.3 of 2023 in O.A.No.17 of 2014 set aside; petitioners impleaded as respondents in O.A.No.17 of 2014; counters/documents to be filed within one week of web copy; O.A.No.17 of 2014 to be disposed of within 3 months; both sides to co-operate; no costs; connected W.M.P.Nos.38685 of 2024 and 50903 of 2025 closed.

Periyasamy, Vs the Commissioner — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the order dated 22.12.2023 of the second respondent dismissing the petitioners' impleading petition in I.A.No.3 of 2023 in O.A.No.17 of 2014 is liable to be quashed by writ of certiorari. +1 more

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Court's answer

In view of the contesting respondents' statement of no objection to impleading, the writ petition is disposed of on terms.

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Ratio / Principle

The order passed in I.A.No.3 of 2023 in O.A.No.17 of 2014 (dismissing the impleading petition) stands set aside.

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Key takeaways

The petitioners are impleaded as respondents in O.A.No.17 of 2014.ratio¶¶46
The petitioners shall file counter, if any, and documents, if any, within one week from the date of receipt of a web copy of the order.ratio¶¶47
O.A.No.17 of 2014 shall be taken up for enquiry and disposed of as expeditiously as possible, and in any event within 3 months from the date of receipt of the web copy of the order, without waiting for the certified copy.ratio

Detailed headnote1 paragraphs

Madras High Court (D. Bharatha Chakravarthy, J.) disposed of a writ petition under Article 226 of the Constitution of India seeking certiorari to quash the order dated 22.12.2023 of the Joint Commissioner, HR&CE (Admn) Department, Salem, in I.A.No.3 of 2023 in O.A.No.17 of 2014, by which the petitioners' impleading petition was dismissed. The contesting respondents, without prejudice to their counter, stated no objection to impleading provided the petitioners co-operate for early disposal of the long-pending O.A. The Court set aside the impugned order, impleaded the petitioners as respondents in O.A.No.17 of 2014, directed them to file counters/documents within one week of receipt of a web copy of the order, directed disposal of the O.A. within 3 months without waiting for certified copy, directed both sides to co-operate, awarded no costs, and closed the connected miscellaneous petitions. The impleading was allowed on the respondents' no-objection, not on an adjudication that the petitioners are necessary and proper parties.

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W.P.No.35828 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 22-01-2026

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CORAM

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THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

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W.P.No.35828 of 2024 and

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W.M.P.Nos.38685 of 2024 and 50903 of 2025

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1.Periyasamy(aged about 52 years) S/o Adhimoolam

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at 4-465-1, m, Ottapatti, Mookanur Post, Mookanur, Mukkanahalli, Dharmapuri Taluk, Dharmapuri District.

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2.M.Srinivasan(aged about 71 years) S/o Muniyappan No.4-244, Kizhi Street, Mookkanur Post, Mookanur, Mukkanahalli, Dharmapuri, Dharmapuri District.

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3.P.Raman Gounder(aged about 69 years) S/o Palanigounder, 2/125-A, Nadualli, Akkamanahalli, Dharmapuri, Dharmapuri District.

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4.G.Subramani(aged about 69 years) S/o P.Govindasamy, H.No.1/52/J-113, Naduhalli, Dharmapuri, Dharmapuri District.

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5.D.Chennakesavan(aged about 59 years) S/o Duraisamy,

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3/62, Gunchettihalli, Akkamanahalli, Dharmapuri, Dharmapuri District.

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..Petitioners

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/versus/

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1.The Commissioner, Hindu Religious and Charitable Endowment (Admn)Department,

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

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W.P.No.35828 of 2024

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Uthamar Gandhi Raod, Nungambakkam Chennai 600 034.

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2.The Joint Commissioner, Hindu Religious and Charitable Endowment (Admn)Department, Arulmigu Kottai Mariamman Temple compound, Salem 636 001.

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3.Ramalingam, S/o Late Thimmaiyar, Akkanmanahalli Village & Post, Dharmapuri Taluk District, PIN 636 704.

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4.Sridhar, S/o Late Thimmaiyar, Akkanmanahalli Village & Post, Dharmapuri Taluk District, PIN 636 704.

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5.Vijayakumar, S/o late Sundaram, Akkanmanahalli Village & Post, Dharmapuri Taluk District ,PIN 636 704.

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6.Thamothar, S/o Late Thimmaiyar, Akkanmanahalli Village & Post, Dharmapuri Taluk District, PIN 636 704.

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7.Nagarajan, S/o late Ramaiyar, Akkanmanahalli Village & Post, Dharmapuri Taluk, District PIN 636 704.

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8.Sivalingam, S/o Late Rarnaiyar, Akkanmanahalli Village & Post,

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

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W.P.No.35828 of 2024

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Dharmapuri Taluk, District PIN 636 704.

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9.Sivakumar, S/o Late Rainaiyar, Akkanmanahalli Village & Post, Dharmapuri Taluk, District PIN 636 704.

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..Respondents

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Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari calling for the records of the second respondent in order dated 22.12.2023 passed in I.A.No.3 of 2023 in O.A.No.17 of 2014 and quash the same.

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For Petitioners :Mr.U.Gowri Shankar

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For Respondents :Mr.K.Karthikeyan, GA for R1 and R2

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Ms.S.Vasavi Sridevi for R3 to R9

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ORDER

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This writ petition is filed challenging the order passed in I.A.No.3 of 2023 in O.A.No.17 of 2014. By the said order, the impleading petition filed by the petitioners was dismissed by the second respondent.

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The learned counsel appearing on behalf of the petitioners submitted

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that the petitioners are necessary and proper parties to the dispute and as such, their impleading petition should have been allowed.

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

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W.P.No.35828 of 2024

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Though the writ petition is contested by duly filing the counter, without prejudice to the counter, the learned counsel appearing for the contesting respondents submitted that even though the petitioners are not necessary or proper parties and they objected to the impleading petition before the authority, since the matter should have been filled only to drag on the proceedings eternally, the respondents have now thought it fit to say no objection to impleading on the condition that the petitioners should co-operate for the early disposal of the O.A.No.17 of 2014, so that the issue can be decided once and for all, as the matter is pending from the year 2014.

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In view of the above said statement made, the writ petition is disposed of on the following terms:

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(i)The order passed in I.A.No.3 of 2023 in O.A.No.17 of 2014 stands set aside.

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(ii)The petitioners herein are impleaded as respondents in O.A.No.17 of 2014.

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(iii)The petitioners herein shall file, counter, if any, and documents, if any, within a period of one week from the date of receipt of a web copy of the order and thereafter, O.A.No.17 of 2014 shall be taken up for enquiry and disposal, as expeditiously as possible, and in any event, disposed of within a

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

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W.P.No.35828 of 2024

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period of 3 months from the date of receipt of the web copy of the order without waiting for the certified copy of the order.

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(iii)It is needless to mention that both sides, the petitioners as well as the

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respondents shall co-operate with the second respondent for early disposal of the case. No costs. Consequently, connected Miscellaneous Petitions are closed.

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22.01.2026

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Neutral citation:no ari To

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1.The Commissioner, Hindu Religious and Charitable Endowment (Admn)Department, Uthamar Gandhi Raod, Nungambakkam Chennai 600 034.

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2.The Joint Commissioner, Hindu Religious and Charitable Endowment (Admn)Department, Arulmigu Kottai Mariamman Temple compound, Salem 636 001.

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

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W.P.No.35828 of 2024