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WP No. 2515 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-01-2026

CORAM

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

WP No. 2515 of 2026

J. Ezhumalai

Petitioner(s)

Vs

1. The Commissioner,

Hindu Religious and Charitable Endowment,

Nungambakkam, Chennai 34.

2.Assistant Commissioner

Assistant Joint Commissioner Office,

Kancheepuram, 11/20 A.K. Thana Velan Street,

Kancheepuram District.

3.The Executive Officer

Hindu Religious and Charitable Office,

Singaperumal Kovil, Chengalpattu District.

4.The Assistant Joint Commissioner

Assistant Joint Office,

No.228, J.C.K.Nagar, Muthanmai Salai,

Chengalpattu District.

5. The Joint Commissioner,

Hindu Religious and Charitable Endowment,

Kancheepuram.

Respondent(s)

R5 impleaded vide order dated 29.01.2026 in W.P.No2515 of 2026.

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WP No. 2515 of 2026

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for

issuance of a writ of mandamus, directing the 4th respondent to dispose

petitioner appeal dated 22.10.2025 within a time stipulated by this Court.

For Petitioner(s): Mr.M.Jaisingh

For Respondents: Mr.K.Karthikeyan

Government Advocate

ORDER

This Writ Petition is being disposed of at the stage of admission itself

with the consent of the learned counsel for the petitioner and the learned Special

Government Advocate for the respondents.

2. This writ petition is filed with a prayer directing the 4^th respondent to

dispose of the petitioner's appeal dated 22.10.2025 within a time stipulated by

this Court.

3. On a perusal of the order against which the appeal is preferred, it can

be seen that the order is dated 28.07.2023. By the said order, the petitioner is

informed that already the possession of the property has been taken, for which,

the petitioner claims tenancy. As against the said order, the appeal remedy is

available. When the petitioner immediately filed a writ petition viz.,

W.P.No.29823 of 2023 and by an order dated 22.09.2023, the writ petition was

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WP No. 2515 of 2026

disposed of with a liberty to the petitioner to approach the appropriate Authority

in the manner known to law against the said order.

4. According to the learned Government Advocate, the petitioner ought to

have filed an appeal under Section 21A of the Tamil Nadu Hindu Religious and

Charitable Endowments Act, 1959, within a period of 90 days before the Joint

Commissioner, Kancheepuram. However, the petitioner had now produced an

appeal, which is said to be filed before the wrong Authority namely, The

Assistant Joint Commissioner. Secondly, even though the appeal is dated

November, 2023, it can be seen from the Acknowledgement card, it was sent

only on February 2024. The appeal is neither preferred before the correct

Authority nor within the period of limitation. Therefore, the prayer need not be

entertained by this Court.

5. The learned Government Advocate appearing for the respondents

would further submit that the temple would now leased out the property by way

of a public auction and nothing prevents the petitioner from participating also,

provided if he does not have any arrears or any other disqualifications.

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WP No. 2515 of 2026

6. I have considered the said submissions made on behalf of the

respondents and that of the petitioner. As rightly contended, if the temple

auctions the property, it will be also open to the petitioner to participate in the

auction. That apart, when the impugned order dated 28.07.2023 was passed and

when this Court by an order dated 22.09.2023, granted liberty to the petitioner

to approach the appropriate Authority and when an appeal is provided under

Section 21A of the Act, the petitioner can also prosecute his appeal. The appeal

though termed belated by the learned Government Advocate, it can be seen that

the liberty was given on 22.09.2023 and thereafter, it was sent to