S.Ananthappan Vs The Commissioner — Writ and Judicial Review | Madras HC (2026)

S.Ananthappan Vs The Commissioner — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

Writ petition disposed of on agreed terms: (i) interim application in R.P.No.102 of 2026 to be considered and disposed of in accordance with law within six weeks; (ii) petitioner's possession not to be disturbed until such orders are passed; no costs; connected miscellaneous petition (W.M.P.(MD)No.10723 of 2026) closed.

Issue for consideration

Whether the respondents should be directed to forbear from taking any further action pursuant to the order dated 07.01.2026 of the 2nd respondent in M.P.No.116 of 2024 pending disposal of Revision Petition R.P.No.102 of 2026. +2 more

Court's answer

Rather than an unqualified mandamus to forbear, the Court disposed of the writ petition on protective terms responsive to the forbearance prayer, in light of the Government Advocate's six-week assurance.

Ratio / Principle

The interim application filed by the petitioner in R.P.No.102 of 2026 shall be considered and disposed of in accordance with law within a period of six weeks.

Key takeaways

Until the orders are passed on the interim application, the petitioner's possession shall not be disturbed.ratio¶31

Detailed headnote1 paragraphs

Madurai Bench of Madras High Court (D. Bharatha Chakravarthy, J., 20.05.2026) disposes of W.P.(MD)No.14306 of 2026 filed by S. Ananthappan under Article 226 seeking a mandamus to forbear from implementing an eviction order dated 07.01.2026 passed by the Joint Commissioner (HR & CE, Tuticorin Division) in M.P.No.116 of 2024 under Section 78 of the HR & CE Act. The petitioner's revision R.P.No.102 of 2026 before the Commissioner, with unanswered interim-relief prayers, was being bypassed while the eviction was implemented. On the Government Advocate's submission that the interim application would be considered within six weeks, the Court directed (1) consideration and disposal of the interim application in R.P.No.102 of 2026 in accordance with law within six weeks, and (2) that the petitioner's possession not be disturbed until such orders are passed; no costs; connected miscellaneous petition closed.

W.P.(MD)No.14306 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 20.05.2026

CORAM

THE HON’BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

W.P.(MD)No.14306 of 2026 and W.M.P.(MD)No.10723 of 2026

S.Ananthappan

... Petitioner

vs.

1.The Commissioner, Hindu Religious and Charitable Endowments Department, No.119, Uthamar Ganddhi Salai, Nungambakkam, Chennai-600 034.

2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Tuticorin Division, Alageshapuram Near American Hospital Roundana, Tuticorin 628 002.

3.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Tenkasi Division, 132, Tenkasi Courtalam Main Road, Courtalam, Tenkasi – 627 802.

4.The Fit Person, A/m. Sivaprakasa Swamy Temple, Vasudevanallur, Sivagiri Taluk, Tenkasi District. Also the Executive Officer, A/m. Sinthamaninathasamy Temple, Vasudevanallur, Sivagiri Taluk, Tenkasi District. ... Respondents

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W.P.(MD)No.14306 of 2026

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents herein to forbear from taking any further action in pursuance to the order dated 07.01.2026 of the 2^nd respondent made in M.P.No.116 of 2024 pending disposal of the Revision Petition in R.P.No.102 of 2026 on the file of 1^st Respondent.

For Petitioner :Mr.P.Mahendran For Respondents :Mr.M.Gangatharan Government Advocate *****

O R D E R

The Writ Petition is filed for a Mandamus not to take any further action pursuant to the order, dated 07.01.2026 passed by the 2^nd respondent in M.P.No.116 of 2024.

2.The contention of the petitioner is that when the above order is passed under Section 78 of the HR & CE Act, the petitioner has preferred a revision in R.P.No.102 of 2026 and the petitioner has also made prayers for interim relief. Without even taking up the interim relief, now the respondents are implementing the order of eviction passed against the petitioner and therefore, the petitioner is before this Court.

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W.P.(MD)No.14306 of 2026

3.When the matter came up for admission, the learned Government

Advocate appearing on behalf the respondents would submit that within

a period of six weeks, the interim application will be considered and orders will be passed.

4.In view thereof, the Writ Petition is disposed of on the following

terms:

(1)Let the interim application filed by the petitioner in R.P. No.102 of 2026 shall be considered and disposed of in accordance with the law within a period of six weeks from today;

(2)Until the orders are passed, let not the possession of the petitioner be disturbed.

5.No costs. Consequently, connected miscellaneous petition is

closed.

NCC :Yes / No 20.05.2026 (4/4) cmr

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W.P.(MD)No.14306 of 2026

To

1.The Commissioner, Hindu Religious and Charitable Endowments Department, No.119, Uthamar Ganddhi Salai, Nungambakkam, Chennai-600 034.

2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Tuticorin Division, Alageshapuram Near American Hospital Roundana, Tuticorin 628 002.

3.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Tenkasi Division, 132, Tenkasi Courtalam Main Road, Courtalam, Tenkasi – 627 802.

4.The Fit Person, A/m. Sivaprakasa Swamy Temple, Vasudevanallur, Sivagiri Taluk, Tenkasi District. Also the Executive Officer, A/m. Sinthamaninathasamy Temple, Vasudevanallur, Sivagiri Taluk, Tenkasi District.

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W.P.(MD)No.14306 of 2026

D.BHARATHA CHAKRAVARTHY, J.

cmr

W.P.(MD)No.14306 of 2026

20.05.2026 (4/4)

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