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M. Janarthanan v. The Commissioner

Madras HC26 Feb 2026WP(MD)/5309/2026

Case brief

AI extract

What is this about?

HRCE possession take-over and lock-and-seal of madam at Sathuragiri Hill restrained pending revision; Article 226 mandamus; time-bound disposal of R.P.No.44 of 2026 within 12 weeks by the Commissioner, HR&CE; interim status quo - petitioner not to utilise building without permission, respondents to defer further proceedings; notice dated 06.02.2026 by Assistant Commissioner, Theni; Madurai Bench, Madras High Court; Krishnan Ramasamy J.; disposed of without costs; connected miscellaneous petition closed.

What did the court decide?

Writ petition disposed of with the above direction: first respondent to dispose of revision R.P.No.44 of 2026 within twelve weeks; in the meantime petitioner not to utilise the building without respondents' permission and respondents to defer further proceedings; no order as to costs; connected miscellaneous petition closed.

M. Janarthanan 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 respondents 1 to 3 should be restrained from taking over possession and locking/sealing the super structure at Vellaiparai Madam, S.No.517, Saptur Village, Sathuragiri Hill, Peraiyur Taluk, Madurai District, pending disposal of the statutory appeal/revision before the first respondent. +1 more

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Court's answer

Until disposal of the revision, the petitioner shall not utilise the building without the permission of the respondents, and the respondents shall defer further proceedings.

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Ratio / Principle

The first respondent is directed to dispose of the petitioner's revision in R.P.No.44 of 2026 within a period of twelve (12) weeks from the date of receipt of a copy of the order.

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Detailed headnote1 paragraphs

Writ Petition under Article 226 (WP(MD). No.5309 of 2026, Madurai Bench of Madras High Court, decided 26.02.2026 by Justice Krishnan Ramasamy) by M.Janarthanan seeking that HR&CE Respondents 1 to 3 forbear from taking over possession and locking/sealing the super structure at Vellaiparai Madam, S.No.517, Saptur Village, Sathuragiri Hill, Peraiyur Taluk, Madurai District, pending his statutory revision R.P.No.44 of 2026 before the first respondent; a notice dated 06.02.2026 by the third respondent had directed him to hand over possession. Taken up by consent at the admission stage and disposed of: the first respondent is directed to decide the revision within twelve weeks from receipt of a copy of the order; in the meantime the petitioner shall not utilise the building without the respondents' permission and the respondents shall defer further proceedings; no order as to costs; connected miscellaneous petition closed.

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WP(MD). No.5309 of 2026

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Dated : 26.02.2026

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CORAM

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THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY

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WP(MD). No.5309 of 2026

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M.Janarthanan ... Petitioner

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

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The Joint Commissioner, The Hindu Religious and Charitable Endowment Department, Dindigul.

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The Assistant Commissioner, The Hindu Religious and Charitable Endowment Department, Theni.

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The Deputy Superintendent of Police, Peraiyur, Madurai District.

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The Inspector of Police, Saptur Police Station, Madurai District.

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... Respondents

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

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WP(MD). No.5309 of 2026

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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, forbearing the Respondent 1 to 3 from taking over possession and lock and seal the Super Structure at Vellaiparai Madam in S.No.517, Saptur Village, Sathuragiri Hill, Peraiyur Taluk, Madurai District until the disposal of statutory appeal pending before the 1^st respondent.

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For Petitioner : Mr.R.Murali

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For Respondents : Mr.K.Balasubramani, Spl. Govt. Pleader for R1 to R3 Mr.A.Albert james, Govt. Advocate (Crl. Side) for R4 & R5

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O R D E R

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This Writ Petition is filed seeking a direction to the respondents 1 to 3 to forbear the respondent 1 to 3 from taking over possession and lock and seal the Super Structure at Vellaiparai Madam in S.No.517, Saptur Village, Sathuragiri Hill, Peraiyur Taluk, Madurai District until the disposal of statutory appeal pending before the 1st respondent.

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

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WP(MD). No.5309 of 2026

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2 . By consent, this Writ Petition is taken up for final

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disposal at the admission stage itself.

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3. The learned counsel appearing for the petitioner submits

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that a statutory revision against the order of the second respondent is pending in R.P.No.44 of 2026 before the first respondent. Pending the said revision, the third respondent has issued a notice dated 06.02.2026, directing the petitioner to hand over possession. Therefore, he seeks a direction from this Court to dispose of the revision within a time fixed by the Court. Until such time, he undertakes not to utilise the building without the permission of the respondents’ Department.

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4. The learned Special Government Pleader appearing for respondents 1 to 3 submits that, after recording the submissions made by the petitioner, this Court may issue appropriate directions to the first respondent for the disposal of the revision.

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5 . In view of the above, this Court directs the first

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respondent to dispose of the revision filed by the petitioner in R.P.No.44 of 2026 within a period of twelve (12) weeks from the date of receipt of a

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

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WP(MD). No.5309 of 2026

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copy of this order. In the meantime, the petitioner shall not utilise the building without the permission of the respondents, and the respondents shall defer further proceedings until the disposal of the revision.

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6 . With the above direction, this Writ Petition is disposed of.

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There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

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26.02.2026

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Index: Yes/No NCC : Yes/No

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vsm

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