Case Note & Summary
The petitioner, Dhanalakshmi, filed a writ petition challenging a show cause notice dated 29.07.2022 issued by the 4th respondent, the President of Kallathur Panchayat, concerning property in S.No. 174/21, Keezhkudiyiripu village, Udayarpalayam Taluk, Ariyalur District. The petitioner sought to quash the notice and to restrain the respondents from interfering with her possession and enjoyment of the property. The Additional Government Pleader submitted that the subject property belongs to a temple, and therefore, the competent authority under the Hindu Religious and Charitable Endowments Act (HR&CE Act) should initiate eviction proceedings by invoking Section 78 of the Act. It was argued that the President has no authority to initiate enforcement action. The court agreed, holding that the show cause notice should be treated as a report to be communicated to the competent authority under the HR&CE Act, who is empowered to conduct inspection and thereafter initiate eviction proceedings under Section 78. The petitioner was given liberty to defend her case in the manner contemplated under the Act. The writ petition was disposed of without costs, and connected miscellaneous petitions were closed.
Headnote
A) Administrative Law - Show Cause Notice - Authority to Initiate Eviction - Hindu Religious and Charitable Endowments Act, 1959, Section 78 - The Panchayat President issued a show cause notice to the petitioner regarding temple property. The court held that the President has no authority to initiate enforcement action under the HR&CE Act. The notice is to be treated as a report to the competent authority under the Act, who is empowered to conduct inspection and initiate eviction proceedings under Section 78. The petitioner is at liberty to defend his case in the manner contemplated under the Act. (Paras 2-3)
Issue of Consideration
Whether a show cause notice issued by the Panchayat President regarding temple property can be sustained, and what is the appropriate authority to initiate eviction proceedings under the HR&CE Act.
Final Decision
The writ petition is disposed of. The show cause notice dated 29.07.2022 is to be treated as a report to the competent authority under the HR&CE Act, who is empowered to conduct inspection and initiate eviction proceedings under Section 78. The petitioner is at liberty to defend his case in the manner contemplated under the Act. No costs. Connected miscellaneous petitions are closed.
Law Points
- Show cause notice issued by Panchayat President without authority under HR&CE Act
- Notice to be treated as report to competent authority
- Competent authority under HR&CE Act to initiate eviction under Section 78
- Petitioner entitled to defend under the Act
Case Details
2026 LawText (MAD) (03) 104
WP No. 28524 of 2022 and WMP Nos. 27837 & 27838 of 2022
S. M. Subramaniam, K. Surender
Mr.Hareesh .K.M., for M/s.PV Law Associates; Mr.T.Arun Kumar, Addl.Govt.Pleader for R1 to R4; Mr.K.Karthikeyan, Govt.Advocate (HR&CE) for R6 & R7
The District Collector, Ariyalur District; The Tahsildhar, Udayarpalayam Taluk, Ariyalur District; The Block Development Officer, Jayankondam, Ariyalur District; The President, Kallathur Panchayat, Ariyalur District; Veerarsamy; Arulmigu Kalveeranswamy Thirukovil, Rep. by Dharmakartha Mr. Veerasamy; The Commissioner, Hindu Religious & Charitable Endowments, Chennai
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Nature of Litigation
Writ petition challenging a show cause notice issued by the Panchayat President regarding temple property.
Remedy Sought
Quashing of the show cause notice dated 29.07.2022 and injunction restraining respondents from interfering with petitioner's possession and enjoyment of the property.
Filing Reason
The petitioner challenged the show cause notice issued by the 4th respondent (Panchayat President) alleging that the property belongs to a temple and the President lacked authority to issue such notice.
Issues
Whether the Panchayat President has authority to initiate eviction proceedings under the HR&CE Act.
Whether the show cause notice should be treated as a report to the competent authority under the HR&CE Act.
Submissions/Arguments
The Additional Government Pleader submitted that the subject property belongs to a temple and the competent authority under the HR&CE Act should initiate eviction proceedings under Section 78.
The President has no authority to initiate enforcement action; the show cause notice is to be treated as a report to the competent authority.
Ratio Decidendi
The Panchayat President lacks authority to initiate eviction proceedings under the HR&CE Act. A show cause notice issued by such authority is to be treated as a report to the competent authority under the Act, who is empowered to take further action under Section 78.
Judgment Excerpts
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.
Procedural History
The petitioner filed WP No. 28524 of 2022 challenging a show cause notice dated 29.07.2022 issued by the 4th respondent. The court heard the Additional Government Pleader and disposed of the petition on 13-03-2026.
Acts & Sections
- Hindu Religious and Charitable Endowments Act, 1959: 78
