S.Boopathy v. The Commissioner,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.03.2026
CORAM
THE HON'BLE MR JUSTICE M.DHANDAPANI and W.M.P.Nos.1420 and 1421 of 2022 S.Boopathy
...Petitioner
Vs
1. The Commissioner,
1. Hindu Religious and Charitable Endowments Department,
2. Uthamar Gandhi Salai,
3. Nungambakkam, Chennai-600 034.
2.
2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Coimbatore-18.
3.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Erode.
4.The Inspector, Hindu Religious and Charitable Endowments Department, Gandhi Road, Erode-1.
5.The Executive Officer, Arulmigu Ponkaliamman Thirukovil, Thalayanallur,
Sivagiri Village, Kodumudi Taluk, Erode District.
...Respondents
Prayer: Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari, to call for the records relating to the proceedings in Nata.Na.Ka.No.3454/2017/A6 dated 17.12.2021 passed by the third respondent, quash the same.
For Petitioner :
Mr.K.Rajasekaran For Respondents :
Mr.N.R.R.Arun Natarajan Special Government Pleader for R1 to R5
O R D E R
This Writ Petition has been filed challenging the proceedings issued in Nata.Na.Ka.No.3454/2017/A6 dated 17.12.2021 by the third respondent appointing the Executive Officer of Arulmigu Ponkaliamman Thirukovil, as the Fit Person of Arulmigu Mariamman and Ponnachiamman Temple as an interim arrangement.
2. The claim of the petitioner is that Arulmigu Mariamman and Ponnachiamman Temple situated at Kodumudi Village, Erode District was constructed by great grandfather of the petitioner and since then, the petitioner's
family has been taking care of the affairs of the Temple through generations. After the demise of his father, the petitioner has been managing the affairs of the Hereditary Trustee. While so, the petitioner filed a petition before the second respondent under Section 63(b) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, to declare the office of the Trusteeship of the Arulmigu Mariyamman and Ponnachiamman Temple as Hereditary and to declare himself as Hereditary Trustee in O.A.No.20 of 2019. While the said O.A is pending, the petitioner came to know that the fourth respondent has published a notice dated 01.04.2019 to bring the Temple under the direct supervision and control of HR & CE Department. In the meanwhile, the impugned order was passed appointing the Executive Officer of Arulmigu Ponkaliamman Thirukovil, as the Fit Person of the Arulmigu Mariamman and Ponnachiamman Temple. Challenging the same, the present writ petition has been filed.
3. When the matter is taken up for hearing, the learned counsel appearing for the petitioner submits that it would be suffice, if this Court directs the second respondent to dispose of O.A.No.20 of 2019 within a reasonable time fixed by this Court.
4. Heard the learned counsels appearing on either side and perused the materials available on record.
5. In view of the limited request made by the learned counsel appearing for the petitioner, this Court, without interfering with the impugned proceedings dated 17.12.2021 issued by the third respondent, directs the second respondent to dispose of O.A.No.20 of 2019 within a period of six weeks from the date of receipt of this order and the impugned proceedings is subject to the result of the order to be passed by the second respondent.
6. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. Connected miscellaneous petitions are closed. 04.03.2026 Index: Yes/No Speaking/Non-speaking order ssb
To
1. The Commissioner,
4. Hindu Religious and Charitable Endowments Department,
5. Uthamar Gandhi Salai,
6. Nungambakkam, Chennai-600 034.
2.
2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Coimbatore-18.
3.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Erode.
4.The Inspector, Hindu Religious and Charitable Endowments Department, Gandhi Road, Erode-1.
5.The Executive Officer, Arulmigu Ponkaliamman Thirukovil, Thalayanallur, Sivagiri Village, Kodumudi Taluk, Erode District.
M.DHANDAPANI, J.
ssb W.P.No. 1306 of 2022 04.03.2026