A.Velmurugan v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-02-2026

CORAM

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY & W.M.P.No.5406 of 2026, W.M.P.No.5405 of 2026 A.Velmurugan S/o.Arumugam, Kamarajar Street, Anniyur, Kamban Nagar, Villupuram, Tamil Nadu- 605 202 Festival Committee Head of:

Anniyur Selva Vinayagar and Valli Deivasena Samedha Shri Sivasubramania Swamy Thirukoil. ... Petitioner Vs.

1. The Commissioner, Hindu Religious and Charitable Endowments, No.119, Uthmar Gandhi Road, Nungambakkam, Chennai- 600 034.

2.The Assistant Commissioner (Villupuram) Hindu Religious and Charitable Endowments, Collector Office Campus, Mandhakarai, Villupuram District- 605 202.

3.The Executive Officer/Thakkar Sri Sivasubramania Swamy Temple, Anniyur, Vikravandi Taluk, Villupuram District- 605 202.

4.R.Shanmugam, No.27, Kamarajar Street, Anniyur, and Post, Vikravandi Taluk, Villupuram District- 605 202.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue Writ of Certiorari, calling for the records of the 2nd respondent in Proceedings Se.Mu.Na.Ka.No.3051/2025/B2, dated 20.08.2025 and the consequential Page Nos.1/6

communication issued by the 3rd respondent dated 03.02.2026 and quash the same.

For Petitioner:

Mr.B.Ravi For Respondents:

Mr.N.R.R.Arun Natarajan Spl.GP, for R1 To R3

O R D E R

This writ petition is filed challenging the impugned order dated 20.08.2025 and the consequential communication issued by the 3rd respondent dated 03.02.2026.

2. Upon hearing the Learned Counsel for the petitioner and perusing the material records of the case, it can be seen that the impugned order appoints the Executive Officer himself as the Fit Person and entrusts the management with the Fit Person. It can be seen that, in respect of the very same issue, earlier a similar prayer was made by the persons who filed the complaint, namely one Mr.R.Shanmugam, by arraying the petitioner as the 4th respondent in W.P.No.26637 of 2023. This Court has passed an order dated 12.09.2023, to issue notice to both the 4th respondent herein as well as the petitioners therein and conduct an enquiry and take a decision in accordance with law. It can be further seen that a notice of enquiry was also issued to the petitioner herein. However, without reference to the earlier order or the outcome of the enquiry said to have been conducted, suddenly now the impugned orders have been Page Nos.2/6

passed, as such the impugned orders cannot be sustained.

3. In view of the fact that this Court is not making any observations on the merits or otherwise of the case of the parties, the writ petition is disposed of at the adjourned admission stage, without notice to the 4th respondent herein, namely, Mr.R.Shanmugam. This Court is not expressing any opinion on the correctness or otherwise of the case of the petitioner or the 4th respondent. It is for the official respondents, while conducting the enquiry, to take a decision in accordance with law. The petitioner as well as the 4th respondent will be entitled to make all such contentions in the course of the enquiry.

4. In view thereof, this Writ Petition is ordered on the following terms: (i) The impugned order dated 20.08.2025 and the consequential communication dated 03.02.2026 are set aside. (ii) The matter is remitted to the file of the second respondent. The second respondent shall continue the enquiry initiated pursuant to the earlier order dated 12.09.2023 made in W.P.No.26637 of 2023. (iii) Due opportunity to the petitioner as well as the 4th respondent be given and final orders be passed in the manner known to law. (iv) Both the petitioner as well as the 4th respondent shall cooperate for the enquiry and the authority shall proceed with the enquiry without waiting for Page Nos.3/6

the certified copy of the order, on production of the web copy of this order and shall complete the enquiry and pass fresh orders within a period of four weeks thereafter.

(v) In the interregnum, the parties should not make any material alterations or constructions to the temple and no major decisions regarding the temple be taken.

There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.

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To, 1.The Commissioner, Hindu Religious and Charitable Endowments, No.119, Uthmar Gandhi Road, Nungambakkam, Chennai- 600 034.

2.The Assistant Commissioner (Villupuram) Hindu Religious and Charitable Endowments, Collector Office Campus, Mandhakarai, Villupuram District- 605 202.

3.The Executive Officer/Thakkar, Sri Sivasubramania Swamy Temple, Anniyur, Vikravandi Taluk, Villupuram District- 605 202.

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D.BHARATHA CHAKRAVARTHY, J.

bsm & WMP No.5406 OF 2026, WMP No.5405 OF 2026 11-02-2026 Page Nos.6/6