Dhanalakshmi vs The District Collector
2026 Latest Caselaw 1279 Mad

Madras High Court

Dhanalakshmi vs The District Collector on 13 March, 2026

Author: S. M. Subramaniam

Bench: S. M. Subramaniam

WP No. 28524 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-03-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K. SURENDER WP No. 28524 of 2022 and WMP Nos. 27837 & 27838 of 2022

Dhanalakshmi W/o. Late Sivasami Kammatchi Amman Kovil street kallathur Village udayarpalayam Taluk Ariyalur District 621 803 ..Petitioner(s) Vs

1. The District Collector Ariyalur District.

2. The Tahsildhar Udayarpalayam Taluk Ariyalur District

3. The Block Development officer jayankondam, Ariyalur District

4. The President kallathur Panchayat Ariyalur District

5. Veerarsamy S/o. Nasaiyar kallathur Village udayarpalayam Taluk Ariyalur District

6. Arulmigu Kalveeranswamy Thirukovil Rep. by Dharmakartha Mr. Veerasamy udayarpalayam Taluk Ariyalur District

7. The Commissioner, Hindu Religious & Charitable Endowments, 119,Uthamar Gandhi Salai, Nungambakkam, Chennai – 600 034.

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..Respondent(s)

To calling for the records of the 4th respondent pertaining to the Notice dated 29.07.2022 and quash the same and consequently forbear the respondents, their men, representatives and agents from interfering with petitioners possession and enjoyment of the aforesaid property situate in S.No. 174 / 21, Keezhkudiyiripu village, udayarpalayam Taluk, Ariyalur District

For Petitioner(s): Mr.Hareesh .K.M., for M/s.PV Law Associates

For Respondent(s): Mr.T.Arun Kumar, Addl.Govt.Pleader for R1 to R4 , Mr.K.Karthikeyan Govt.Advocate (HR&CE) for R6 & R7

Order (Order of the Court was made by S.M.Subramaniam J.)

A Writ Petition has been instituted challenging the show cause notice

dated 29.07.2022.

2. Learned Additional Government Pleader would submit that the

subject property belongs to temple. Thus, the competent authority under the

Hindu Religious and Charitable Endowment Act (HR&CE Act) has to initiate

eviction proceedings by invoking Section 78 of the said Act. However, the

President has no authority to initiate enforcement action. Thus, a show cause

notice is to be treated as a report which is to be communicated to the

competent authority under the HR&CE Act, who in turn, is empowered to

conduct inspection and thereafter, initiate eviction proceedings under Section __________ Page2 of 4 https://www.mhc.tn.gov.in/judis ( Uploaded on: 17/03/2026 12:01:50 pm )

78 of the Act. The petitioner is at liberty to defend his case in the manner

contemplated under the Act. Accordingly, the Writ Petition is disposed of. No

costs. Consequently, connected miscellaneous petitions are closed.

(S.M.S.,J.) (K.S.,J.) 13-03-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No

VSI

To

1. The District Collector Ariyalur District.

2. The Tahsildhar Udayarpalayam Taluk Ariyalur District

3. The Block Development officer Jayankondam, Ariyalur District

4. The President kallathur Panchayat Ariyalur District

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S.M.SUBRAMANIAM J.

AND K.SURENDER J.

VSI

and WMP Nos. 27837 & 27838 of 2022

13-03-2026

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