Possession disputes over property must be resolved in civil court when prior decrees are involved; writ petitions for eviction cannot be entertained.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02-03-2026 CORAM THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P(MD).No.4643 and 4644 of 2026 A.Jeevanantham ... Petitioner Vs.

1. The Commissioner, Hindu Religious and Charitable Endowments Department, Chennai - 600 034.

2. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Thanjavur.

3. The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Thanjavur.

4. The Executive Officer, Neelakanda Pillaiyar Temple, Peravurani and Taluk, Thanjavur District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records relating to the Impugned proceedings in M.P.No.6 of 2023 pending before the 2nd respondent, quash the same as illegal and to pass such other or further orders as this Honble Court may deem fit and proper in the circumstances of this case and thus render justice.

For Petitioner : Mr.V.Sundari For R1 to R3 : Mr.M.Sarangan Additional Government Pleader For R4 : Mr.Ramesh Mahadev ORDER The writ petition is filed for a Certiorari to call for the records relating to the impugned proceedings in M.P.No.6 of 2023, pending before the 2^nd respondent and quash the same.

2. Heard Mr.V.Sundari, learned counsel appearing for petitioner, Mr.M.Sarangan, learned Additional Government Pleader who takes notice for R1 to R3 and Mr.Ramesh Mahadev, who takes notice for R4.

3. By consent, the writ petition is taken up for final disposal at the admission stage itself.

4. The case of the petitioner is that the property in S.No.151/23 measuring an extent of 24 cents in Neelakandapillaiyar Endal Village, Peravurani Taluk, Thanjavur District, originally belonged to the petitioner's father. Thereafter, the Settlement Tahsildar has granted ryotwari patta in respect of the said extent of the land. Subsequently, the temple filed a Civil Suit in O.S.No.145 of 2009 and impleaded Mr.A.Muthusamy and Mr.A.Kuppusamy alone as the legal heirs of deceased Ayyasamy. The petitioner was never impleaded as the defendant in the said civil suit. The portion of the property also devolves on the petitioner and the petitioner is in possession and enjoyment of the same as his absolute property.

5. While so, by taking proceedings under Section 78/79 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, now the petitioner is sought to be thrown out of the property. The respondents are taking law into their own hands and the petitioner has also filed a civil suit in O.S.No.75 of 2025 on the file of the District Munsif cum Judicial Magistrate Court, Peravurani for declaration and permanent injunction.

6. Per Contra, the learned Additional Government Pleader appearing on behalf of the respondents 1 to 3 would submit that due notice for eviction proceedings has been issued and even if the petitioner has any claim, then they have to only file a reply to the petitioner which will be considered in the enquiry. Even if they want to set up a rival title, it will be open for them to approach the Civil Court. This Court cannot interfere with the notice in M.P.No.6 of 2023. According to the petitioner, the decree in O.S.No.145 of 2009 has also become final.

7. The learned counsel appearing on behalf of the 4^th respondent would submit that the temple is aggrieved of the ryotwari patta that was granted and thereafter, it filed a Civil Suit in O.S.No.145 of 2009 and a decree of recovery of possession has already been passed. The decree has become final and E.P.No.2 of 2022 is also pending for recovery of poss