S.Nagendra Kumar v. The Joint Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY and WMP.No.5055 of 2025 S.Nagendra Kumar ... Petitioner Vs.

1.The Joint Commissioner Hindu Religious & Charitable Endowment Department Thiruppur District.

2.The Assistant Commissioner / Executive Officer Arulmighu Vanabadrakali Amman Temple Thekkampattu Mettupalayam Taluk Coimbatore District.

....Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Prohibition, prohibiting the second respondent from taking any steps to appoint the office-holders and servants of the temple Arulmigu 1/5

Vanabatra Kaliamman Temple until the M.P.No.477 of 2024 is decided by the first respondent or the next line of the succession is appointed in the vacancy. For Petitioner : Mr.P.Sesubalan Raja For Respondents : Mr.N.R.R.Arun Natarajan Special Government Pleader for R1 & R2

ORDER

This Writ Petition is filed for a Writ of Prohibition, prohibiting the second respondent from taking any steps to appoint the office-holders and servants of the temple Arulmigu Vanabatra Kaliamman Temple until MP.No.477 of 2024 is decided by the first respondent or the next line of succession is appointed in the vacancy.

2. It is seen that as per the earlier direction given in W.P.No.15671 of 2024 etc., dated 14.10.2024, the respondents have to expeditiously dispose of the appeal and the time granted is expiring on 24.02.2025.

3. In that view of the matter, the Authority shall take expeditious 2/5

steps to comply with the earlier order and dispose of the application. The only question to be decided is whether the Authority should be prohibited from proceeding further with reference to the appointment of office-holders. The appointment of office-holders is governed by the Rules that are framed by the Department and therefore, the same shall be undertaken only as per the said Rules.

4. Therefore, even in the earlier order, it was mentioned that any appointment made will be subject to the result of the order of the Joint Commissioner. Therefore, at this stage, the prayer sought for by the petitioner cannot be countenanced by this Court. In any event, as directed in the earlier order, the respondents shall dispose of the application by recognising the petitioner as a hereditary trustee, as expeditiously as possible.

5. With the above observation, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 10.02.2025 3/5

dna 4/5

D.BHARATHA CHAKRAVARTHY , J.

dna To 1.The Joint Commissioner Hindu Religious & Charitable Endowment Department Thiruppur District.

2.The Assistant Commissioner / Executive Officer Arulmighu Vanabadrakali Amman Temple Thekkampattu Mettupalayam Taluk Coimbatore District.

and WMP.No.5055 of 2025 10.02.2025 5/5