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2026 Supreme(Online)(Mad) 23476
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. M. Subramaniam, K. Surender, JJ
Dhanalakshmi – Appellant
Versus
The District Collector – Respondent
WP No. 28524 of 2022 | WMP Nos. 27837 & 27838 of 2022
For the Appellants/Petitioners: Mr.Hareesh .K.M., for M/s.PV Law Associates
For the Respondents:Mr.T.Arun Kumar, Addl.Govt.Pleader for R1 to R4 , Mr.K.Karthikeyan Govt.Advocate (HR&CE) for R6 & R7
The competent authority under the HR&CE Act must be summoned to initiate eviction proceedings, affirming petitioner’s right to defend their possession.
Headnote:The Hindu Religious and Charitable Endowments Act, specifically Section 78, supports the claim of the petitioner regarding possession of property. The court found that the notice issued was improper and the competent authority must initiate eviction proceedings. The petitioner's right to defend was affirmed and the petition was disposed. The court concluded, 'Accordingly, the Writ Petition is disposed of.'
| Table of Content |
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| 1. challenge against show cause notice. (Para 1) |
| 2. authority's role in eviction proceedings. (Para 2) |
(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
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.
