A mere demand notice issued by a statutory authority does not provide a cause of action for a writ petition when statutory safeguards and inquiry procedures under the governing Act are yet to be invoked.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2026 CORAM THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.(MD)No.9842 of 2026 A.S.Arumugam .. Petitioner – Vs. -

1.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Thoothukudi.

2.The Assistant Commissioner cum The Executive Officer, Hindu Religious and Charitable Endowments Department, Arulmigu Thirukutralanathaswamy Temple, Courtallam, Tenkasi District-627 802. .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records relating to the impugned order in Na.Ka.No.256/2026 dated 20.04.2026 issued by the second respondent and quash the same as illegal.

For Petitioner : Mr.K.P.Sankarakumarakurubaran For Respondents : Mr.J.K.Jeyaseelan Government Advocate for R1 Mr.S.Manohar for R2

ORDER

The writ petition is challenging the impugned order dated

20.04.2026.

2. Upon hearing the learned counsel for the petitioner, it is the case of the petitioner that the petitioner is the title holder of the property and he is not an encroacher.

3. I have also heard the learned Government Advocate appearing on behalf of the first respondent and the learned counsel appearing on behalf of the second respondent.

4. Upon perusing the impugned order, it can be seen that the same is nothing but a demand notice issued by the Executive Officer of the Temple requiring the petitioner to vacate and hand over the property and if the petitioner fails compliance, appropriate proceedings will be initiated under Section 78/79 of the Hindu Religious and Charitable Endowments Act, 1959.

5. In view thereof, the same by itself need not be challenged by the petitioner. It will be open for the petitioner to issue suitable reply and unless proceedings are taken in the manner known to law by the appropriate authority under Sections 78/79 of the H.R. & C.E. Act, the petitioner's possession will not be disturbed. As and when any notice is issued, the petitioner will be entitled to raise all differences before the authority and the same shall be considered in the manner known to law. Needless to mention that it will always be open for the petitioner to assert his title to approach the appropriate civil Court also.

6. With the above liberties kept open, this Writ Petition is disposed of.

No costs. Consequently, connected miscellaneous petition is closed.