M.Lakshmi v. The Commissioner

O R D E R The present writ petition has been filed seeking to forbear the respondents from taking any further action pursuant to the final order passed in Miscellaneous Petition No.422 of 2024, dated 16.12.2024, in respect of the property situated at Survey No.239/3A, Kattapparai Village, Manmangalam Taluk, Karur District, pending disposal of the writ petition.

¶2The learned counsel appearing for the petitioner seeks leave of this Court to withdraw the present writ petition and prays for liberty to file a suit before the concerned Civil Court under Section 79(2) of the Hindu Religious and Charitable Endowments Act, 1959, within a period of six months.

¶3In the present case, the impugned order came to be passed on

16.12.2024. Even after the lapse of more than one year, the petitioner has not taken any steps to file a civil suit as contemplated under the statute. Therefore, the proposed suit is clearly barred by limitation.

¶4Under these circumstances, no relief can be granted by this Court and this Court is not inclined to grant the liberty sought for by the petitioner. It is, however, open to the petitioner to work out his remedy in the manner known to law, if so advised.

¶5However, the learned counsel for the petitioner submits that the petitioner is a cancer patient and seeks reasonable time to vacate the premises. Considering the medical condition of the petitioner and taking a lenient view, this Court grants three months' time from the date of receipt of a copy of this order to vacate and hand over vacant possession of the premises in question.

¶6In view of the above, this writ petition stands dismissed as withdrawn. Consequently, the connected miscellaneous petitions are closed.

06.02.2026 Index : Yes/No Internet: Yes/No TSG To

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

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

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

4.The Executive Officer, Arulmigu Balasubramaniya Swamy Temple, Vennaimalai, Karur District.

KRISHNAN RAMASAMY, J. TSG W.P.(MD)No.3362 of 2026

06.02.2026

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 06.02.2026 CORAM THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY W.P.(MD)No.3362 of 2026 and W.M.P.(MD).Nos.2779 and 2781 of 2026 M.Lakshmi ... Petitioner Vs 1.The Commissioner, Hindu Religious and Charitable Endowments Department, Nungambakkam High Road, Chennai-600 034. 2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Tiruppur. 3.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Karur Code, Karur. 4.The Executive Officer, Arulmigu Balasubramaniya Swamy Temple, Vennaimalai, Karur District. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the respondents from taking further action with final order in his proceedings Miscellaneous Petition No.422/2024 dated 16.12.2024 at Survey No.239/3A at Kattapparai Village, Manmangalam Taluk, Karur District, pending disposal of the writ petition. For Petitioner : Mr.K.Gokul For R-1 to R-3 : Mr.J.K.Jayaselan, Government Advocate For R-4 : Mr.P.Athimoolapandian