Mathiyazhagan v. The Additional Commissioner (Education )

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-02-2026

CORAM

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.Nos.4483 & 4484 of 2026

1. Mathiyazhagan

2. Varadarajalu ..Petitioners Vs

1. The Additional Commissioner (Education), Hindu Religious and Charitable Endowments Department, Chennai.

2. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, ASN Colony, Nagapattinam.

3. The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, ASN Colony, Nagapattinam.

4. S.Sudhakar ..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceedings of the first respondent in Ni.Mu.No.1019587/ 2025/E3 dated 23.12.2025 passed based on the proposal of the third respondent and to quash the same as illegal, arbitrary without jurisdiction and violative of Articles 14 and 26 of the constitution of India and consequently to forbear the respondents from interfering with the administration and management of

Arulmigu Sadachi Amman Temple, Alinjamangalam Village, Nagapattinam District.

For Petitioner:

Mr.K.Pragadeesh Kumar For Respondents:

Mr.N.R.R.Arun Natarajan Special Government Pleader for R1 to R3 Mr.R.Sathiyamoorthy for R4

ORDER

The writ petition is filed challenging the impugned order dated 23.12.2025, whereby the temple is enlisted and action is being taken to oversee and manage the affairs of the temple.

2. Upon hearing the learned counsel for the petitioner and perusing the material records, the claim of the petitioner is twofold. On the one hand, the petitioner claims that the temple is a private temple. If so, it is open to the petitioner to approach the appropriate Civil Court and obtain a declaration to that effect. If the Civil Court decides in favour of the petitioner and against the authorities, thereafter the authorities cannot interfere with the temple. If the petitioner claims that he is only a hereditary trustee, he has to approach the appropriate Joint Commissioner having jurisdiction under Section 63(b) of the Tamil Nadu Hindu Religious and Charitable Endowments (HR & CE) Act, 1959, to declare him as the hereditary trustee and only if he is so declared, the management will be handed over to him.

3. Therefore, keeping open both the liberties to the petitioner, the writ petition stands disposed of. Consequently, connected W.M.P.No.4483 of 2026 is ordered and W.M.P.No. 4484 of 2026 is closed. No costs. 18-02-2026 1/2 NSL To

1. The Additional Commissioner (Education), Hindu Religious and Charitable Endowments Department, Chennai.

2. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, ASN Colony, Nagapattinam.

3. The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, ASN Colony, Nagapattinam.

D.BHARATHA CHAKRAVARTHY, J.

NSL 18-02-2026 1/2