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Madras High CourtWP/4814/2026disposed of

R.Vijayakumar v. The Additional Chief Secretary

2026-02-13Honourable Mr.Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-02-2026

CORAM

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.Nos.5368 & 5370 of 2026

1. R.Vijayakumar

2. V.Prasanna ..Petitioners Vs

1. The Commissioner, Hindu Religious and Charitable Endowments Department, Uthamar Gandhi Salai, Nungambakkam, Chennai - 600 034.

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

3. Mr.A.T.Paranjothi presently the Regional Joint Commissioner, Hindu Religious and Charitable Endowments Department, Erode Region, Erode.

4. N.Dhanasekaran Door No.5/39(1), Vittampalayam, Emappalli PO, Namakkal District - 637 214.

5. Molasi Kannakula Kongu Nattu Vellaler Trust, Rep. by its Secretary Palanigounder, Molasiyar Maligai, No.18, West Muniappan Koil Street, Tiruchengode Taluk, Namakkal District.

..Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Certiorari, calling for the records in relation to the order dated 12.09.2025 ("Impugned Order") passed by the Regional Joint Commissioner, Second Respondent herein in M.P.No.7 of 2024 and quash the same as illegal.

For Petitioners:

Mr.V.Srikanth for Mr.N.S.Amogh Simha For Respondents:

Mr.N.R.R.Arun Natarajan Special Government Pleader for R1 & R2

ORDER

The prayer in this writ petition is challenging the order dated 12.09.2025 passed by the second respondent in M.P. No. 7 of 2024.

2. Upon hearing the learned counsel for the petitioner and perusing the material records of the case, it is the case of the petitioner that when the application filed by the petitioner seeking recognition as the hereditary trustee is pending, without any reason whatsoever and in complete non-application of mind and by way of abuse of process and power, the private respondent herein, namely the fourth respondent, is recognised as the hereditary trustee. The petitioner who is in the line of succession, is not even impleaded in the said petition.

3. I have also heard the learned Special Government Pleader appearing for the first and second respondents. He would submit that there is an appeal

remedy as against the order. Further, the petitioner is taking erroneous stands in the applications filed by the petitioner.

4. Upon considering the rival submissions made and in view of the nature of the order that has been passed, the writ petition is disposed of at the admission stage without notice to the private respondents. It is made clear that this Court is not expressing any opinion whatsoever on the merits of the entitlement of the petitioner as well as the private respondents. It can be seen that as against the impugned order, the petitioner has an appeal remedy under Section 54(4) of the Tamil Nadu Hindu Religious & Charitable Endowment Act, 1959.

5. In view thereof, this writ petition is disposed of on the following terms: (i) Even though the petitioner is not a party to M.P. No.7 of 2024, it will be open to the petitioner to approach the appellate authority under Section 54(4) of the Tamil Nadu Hindu Religious & Charitable Endowment Act, 1959 and if the said appeal is filed within a period of two weeks from the date of receipt of the web copy of the order, without waiting for the certified copy of the order, the same shall be treated as filed within time and will be dealt with on merits by the first respondent by issuing notice to the petitioner and also to the private respondents and any other person who is interested in the affairs of the temple

and decided on its own merits, in accordance with law. It is also open to the petitioner to move such interim application as may be necessary in the appeal. (ii) The appeal, as and when it is filed, shall be taken on file and be disposed of as expeditiously as possible, in any event not later than four months from the date of filing of the appeal.

(iii) Consequently, connected miscellaneous petitions are also closed. No costs.

13-02-2026 2/5 NSL To

1. The Commissioner, Hindu Religious and Charitable Endowments Department, Uthamar Gandhi Salai, Nungambakkam, Chennai - 600 034.

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

3. The Regional Joint Commissioner, Hindu Religious and Charitable Endowments Department, Erode Region, Erode.

D.BHARATHA CHAKRAVARTHY, J.

NSL 13-02-2026 2/5