S.Ananthappan Vs The Commissioner

S.Ananthappan vs The Commissioner

Type Court Judgment Court Chennai Decided May 20, 2026

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https://sooperkanoon.com/case/1635591

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Citation: sooperkanoon.com/1635591
Court: Chennai High Court
Judge: Honourable Mr Justice D.Bharatha Chakravarthy
Decided On: May 20, 2026
Case Number: WP(MD)/14306/2026

Parties & Advocates

Appellant / Petitioner

S.Ananthappan

Respondent

The Commissioner

Excerpt

.....for petitioner :mr.p.mahendran for respondents :mr.m.gangatharan government advocate *****orderthe writ petition is filed for a mandamus not to take any further action pursuant to the order, dated 07.01.2026 passed by the 2nd respondent in m.p.no.116 of 2024. 2.the contention of the petitioner is that when the above order is passed under section 78 of the hr & ce act, the petitioner has preferred a revision in r.p.no.102 of 2026 and the petitioner has also made prayers for interim relief. without even taking up the interim relief, now the respondents are implementing the order of eviction passed against the petitioner and therefore, the petitioner is before this court. 3.when the matter came up for admission, the learned government advocate appearing on behalf the respondents would submit that within a period of six weeks, the interim application will be considered and orders will be passed. 4.in view thereof, the writ petition is disposed of on the following terms: (1)let the interim application filed by the petitioner in r.p. no.102 of 2026 shall be considered and disposed of in accordance with the law within a period of six weeks from today; (2)until the orders are passed, let not the possession of the petitioner be disturbed. 5.no costs. consequently, connected miscellaneous petition is closed. ncc :yes / no 20.05.2026 (4/4) cmr to 1.the commissioner, no.119, uthamar ganddhi salai, nungambakkam, chennai-600 034.2.the joint commissioner, tuticorin division, alageshapuram near american hospital roundana, tuticorin 628 002. 3.the assistant commissioner, tenkasi division, 132, tenkasi courtalam main road, courtalam, tenkasi - 627 802. 4.the fit person, a/m. sivaprakasa swamy temple, vasudevanallur, sivagiri taluk, tenkasi district. also the executive officer, a/m. sinthamaninathasamy temple, vasudevanallur, sivagiri taluk, tenkasi district.d.bharatha chakravarthy, j.cmr 20.05.2026 (4/4)

Full Judgment

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.05.2026
CORAM
THE HON’BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.(MD)No.10723 of 2026 S.Ananthappan ... Petitioner vs. 1.The Commissioner, No.119, Uthamar Ganddhi Salai, Nungambakkam, Chennai-600 034. 2.The Joint Commissioner, Tuticorin Division, Alageshapuram Near American Hospital Roundana, Tuticorin 628 002. 3.The Assistant Commissioner, Tenkasi Division, 132, Tenkasi Courtalam Main Road, Courtalam, Tenkasi - 627 802.
4.The Fit Person, A/m. Sivaprakasa Swamy Temple, Vasudevanallur, Sivagiri Taluk, Tenkasi District. Also the Executive Officer, A/m. Sinthamaninathasamy Temple, Vasudevanallur, Sivagiri Taluk, Tenkasi District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents herein to forbear from taking any further action in pursuance to the order dated 07.01.2026 of the 2nd respondent made in M.P.No.116 of 2024 pending disposal of the Revision Petition in R.P.No.102 of 2026 on the file of 1st Respondent. For Petitioner :Mr.P.Mahendran For Respondents :Mr.M.Gangatharan Government Advocate *****

ORDER

The Writ Petition is filed for a Mandamus not to take any further action pursuant to the order, dated 07.01.2026 passed by the 2nd respondent in M.P.No.116 of 2024. 2.The contention of the petitioner is that when the above order is passed under Section 78 of the HR & CE Act, the petitioner has preferred a revision in R.P.No.102 of 2026 and the petitioner has also made prayers for interim relief. Without even taking up the interim relief, now the respondents are implementing the order of eviction passed against the petitioner and therefore, the petitioner is before this Court. 3.When the matter came up for admission, the learned Government Advocate appearing on behalf the respondents would submit that within a period of six weeks, the interim application will be considered and orders will be passed. 4.In view thereof, the Writ Petition is disposed of on the following terms: (1)Let the interim application filed by the petitioner in R.P. No.102 of 2026 shall be considered and disposed of in accordance with the law within a period of six weeks from today; (2)Until the orders are passed, let not the possession of the petitioner be disturbed. 5.No costs. Consequently, connected miscellaneous petition is closed. NCC :Yes / No 20.05.2026 (4/4) cmr To 1.The Commissioner, No.119, Uthamar Ganddhi Salai, Nungambakkam, Chennai-600 034.

2.The Joint Commissioner, Tuticorin Division, Alageshapuram Near American Hospital Roundana, Tuticorin 628 002. 3.The Assistant Commissioner, Tenkasi Division, 132, Tenkasi Courtalam Main Road, Courtalam, Tenkasi - 627 802. 4.The Fit Person, A/m. Sivaprakasa Swamy Temple, Vasudevanallur, Sivagiri Taluk, Tenkasi District. Also the Executive Officer, A/m. Sinthamaninathasamy Temple, Vasudevanallur, Sivagiri Taluk, Tenkasi District.

D.BHARATHA CHAKRAVARTHY, J.

cmr 20.05.2026 (4/4)

Same Court & Year Chennai · 2026 Same Parties S.Ananthappan vs The Commissioner Same Judge Honourable Mr Justice D.Bharatha Chakravarthy