A. Arunaachala Achari, vs The Joint Commissioner,
- Court
- Madras High Court
2026:MHC:3724
WA(MD)No.1421 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08.09.2026
CORAM
THE HON'BLE MR JUSTICE C.V.KARTHIKEYAN
AND
THE HON'BLE MR JUSTICE R.SAKTHIVEL
W.A(MD)No.1421 of 2026 and
CMP(MD) No.12355 and 12359 of 2026
1.A. Arunaachala Achari, S/o. Arumugam,
President, Sri Harihara Puthira Indhira Ayyanar Sastha
Temple, Door No. 9-11,
Fourth Street, Ambai Road,
Alangulam,Tirunelveli District
2. P. Baskaran, S/o. Ponnusamy,
Door No. 5/144,
South Street,
Kilakadayam,
Tirunelveli District - 627 415.
3. P. Subramanian, S/o. Palavesam,
Door No. 3/5a,
Middle Street,
Kambily, Ayikudi,
Tenkasi District - 627852.
4. G. Muthumariappan, S/o. Gurusamy,
Door No. 3,Santhikai Street,
Puliyangudi,
Tirunelveli District - 627855.
5. Subramanian, S/o. Arumugam,
Door No. 115, South Car Street,
Shenkottai,Tenkasi District - 627809.
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WA(MD)No.1421 of 2026
6. V. Ganapthi, S/o. Vaithiyalingam,
Door No. 11/100,Rajiv Gandhi Nagar,
Alangulam,
Tirunelveli District - 627851.
7. K. Muthaiah, S/o. Krishnan,
Door N. 2/60,Durgai Amman Kovil Second Street,
East Ambur,
Tirunelveli – 627418. ... Appellants
- Vs. -
1. The Joint Commissioner, Hindu Religious and Charitable Endowments
Department, Tirunelveli District.
2. The Assistant Commissioner, Hindu Religious and Charitable
Endowments Department,Tirunelveli District.
3. The Executive Officer, Pillaiyan Arthasama Kattalai,
Door No. 35,Sudalaimadan Kovil Street,
Tirunelveli - 627006.
4. The Inspector, Hindu Religious and Charitable
Endowments Department,
Ambasamudram Range,
Ambasamudram Taluk,
Tirunelveli District.
5. The Inspector of Police,
Vickramasingapuram (V.K.Puram) Police Station,
Tirunelveli District.
... Respondents
Prayer:Writ Appeal filed under Clause 15 of Letters Patent, against the order
dated 13.08.2026 passed in W.P.(MD). No. 22944 of 2026.
For Appellants : Mr.M.Karthick
For Respondents : Mr.M.P.Senthil for R1,R2 & R4
Government Pleader
Mr.H.Arumugam for R3
Mr.I.Murugesan for R5
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2026:MHC:3724
WA(MD)No.1421 of 2026
JUDGMENT
(Judgment of the Court was delivered by C.V.KARTHIKEYAN, J)
The writ appeal had been filed questioning the order of the learned
Single Judge dated 13.08.2026 in WP(MD) No.22944 of 2026 by which
order, the writ petition was dismissed.
2. The writ petition had been filed in the nature of Certiorarified
mandamus seeking interference with the notice dated 07.05.2026 issued by
the third respondent/Executive Officer, Pillaiyan Arthasama Kattalai, at
Tirunelveli. By the said notice, the petitioners were informed that they
should vacate from the land in which they are in occupation. It is only an
information given to the petitioners herein. If they refused to vacate, then
further steps will have to be taken under Section 78 of the HR&CE Act with
the jurisdictional Assistant Commissioner informing the same to the Joint
Commissioner, who will direct initiation of formal proceedings under
Section 78 of the said Act. Again a notice would be issued to the petitioners
herein and they will have to appear for enquiry before the Joint
Commissioner.
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WA(MD)No.1421 of 2026
3. The procedure contemplated will necessarily have to be followed
and we have no doubt that it would be followed. The writ petition filed is
premature. The learned Judge had correctly dismissed the same. We are not
inclined to allow the writ appeal. Accordingly, the writ appeal stands
dismissed. No costs. Consequently connected Miscellaneous Petitions are
closed.
(C.V.K.,J.) (R.S.V,J.)
08.09.2026
NCC : Yes
Index : Yes
RR
To
1. The Joint Commissioner, Hindu Religious and Charitable Endowments
Department, Tirunelveli District.
2. The Assistant Commissioner, Hindu Religious and Charitable
Endowments Department,Tirunelveli District.
3. The Executive Officer, Pillaiyan Arthasama Kattalai,
Door No. 35,Sudalaimadan Kovil Street, Tirunelveli - 627006.
4. The Inspector, Hindu Religious and Charitable
Endowments Department,
Ambasamudram Range, Ambasamudram Taluk,
Tirunelveli District.
5. The Inspector of Police,
Vickramasingapuram (V.K.Puram) Police Station,Tirunelveli District.
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2026:MHC:3724
WA(MD)No.1421 of 2026
C.V.KARTHIKEYAN, J
AND
R.SAKTHIVEL, J
RR
WP(MD) No.1421 of 2026
08.09.2026
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