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IN THE HIGH COURT OF JUDICATURE AT MADRAS
KRISHNAN RAMASAMY
Josevin – Appellant
Versus
Joint Commissioner/Executive Officer, Hindu Religious and Charitable Endowments Department – Respondent
ORDER :
KRISHNAN RAMASAMY, J.
This writ petition has been filed against the impugned notice dated 23.01.2026 issued by the Joint Commissioner of HR&CE Department /first respondent herein.
2. The learned counsel appearing for the petitioner would submit that the Manager, Arulmigu Bhagavathiammam Temple (hereinafter called as “Temple”) had constructed buildings in the form of shops in the subject premises and leased out the same to the petitioner. Now, the Joint Commissioner, HR&CE Department made an attempt to remove the petitioner's shop by stating that the said buildings are unauthorized constructions and in this regard, he had issued notices to the petitioner directing him to vacate the premises and handover the possession to the Temple Authorities within a period of 3 days.
3. Further, they would submit that the properties were constructed by the Temple and leased out to the petitioner and now, the Temple is in the process of making an application for getting regularisation, since the building was constructed without approval. Under these circumstances, without providing any opportunities to the petitioner, the Kanyakumari Municipality had proceeded to demolish the constructions mad
The court upheld the legality of eviction actions taken by the Municipality based on unauthorized constructions, ruling prior court orders justified such actions, affirming the need for compliance wi....
The court upheld that unauthorized constructions cannot be defended by claims of lawful possession, as established due process has been observed in eviction proceedings.
Due process must be observed in eviction actions concerning unauthorized constructions, and failure to comply with issued notices negates claims of lawful possession.
The court affirmed that existing unauthorized constructions without approval are subject to removal under the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, rejecting claims of lawfu....
A subsequent occupier without a lease has no legal claim over property, and unauthorized constructions are subject to demolition under the Tamil Nadu Town and Country Planning Act.
Point of Law : Prevalent situation either in the limits of the Corporation, Municipality or the Panchayat if noticed, it would demonstrate clear apathy on the part of the Authorities towards the citi....
Unauthorized constructions cannot be legitimized by time or inaction; strict enforcement of demolition orders is essential to uphold the rule of law.
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