A. Rajendran v. The Joint Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.06.2025

CORAM

THE HONOURABLE MRS. JUSTICE J.NISHA BANU AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN W.A.No.1766 of 2025 and C.M.P.No.13515 of 2025 A.Rajendran ...Appellant Vs.

The Joint Commissioner, The Hindu Religious and Charitable Endowment Department, Coimbatore District.

... Respondent Prayer: Writ Appeal filed under Clause 15 of the Letters Patent as against the order dated 05.02.2025 made in W.P.No.3838 of 2025 For Appellant : Mr.M.Baskar For Respondents :Mr.N.R.R.ArunNatarajan,Spl.G.P.

JUDGMENT

(The Judgment of the Court was delivered by J.Nisha Banu,J.) The appellant herein/petitioner has filed the writ petition seeking to issue a Writ of Mandamus, directing the respondent to conduct an enquiry and to complete the same in a time bound manner pending in O.A.No.20 of 2015 dated 22.12.2015.

2. The learned Judge, while disposing of the writ petition has

stated that the O.A. need not be considered by the respondent and shall stand dismissed.

3. The Original Application has been filed praying to frame a Scheme of Administration, and for appointing Non-Hereditary trustees among the persons from the Yadhava Community in the sub sect of Nainar Kulam residing in Coimbatore District for A/m.Varatharaja Perumal and Senraya Perumal Temples situated in S.F.No.283 of Aavalappatti Village, Negamam, Pollachi Taluk, Coimbatore District.

4. The learned single Judge disposed of the writ petition on the ground that if the scheme is to be framed in respect of a temple, it cannot be done based on caste.

5. The learned single Judge has also observed that 'For the trusteeship, what is required is a deep devotion and faith'. The Writ Court therefore, stated that O.A.No.20 of 2025 need not be considered by the respondent and shall stand dismissed.

6. Learned counsel for the appellant would state that the writ court ought not to have dismissed the O.A. on the ground that the entire prayer is only based on 'caste'. The O.A. has been filed to frame a scheme to appoint non-hereditary trustees from the respective 'community'.

6. Considering the above submission made by the learned counsel for the appellant and on perusal of the order passed by the learned single

Judge, we are of the view that the appellant can adjudicate the issue before the Original Authority in O.A.No.20/2015. Therefore, the sentence in the order dated 05.02.2025, "Therefore, O.A.No.20 of 2015 need not be considered by the respondent and shall stand dismissed" alone is set aside. The respondent/Original Authority is directed to take up the Original Application in O.A.No.20 of 2015 and dispose of the same within a period of six months from the date of receipt of a copy of this order, in the light of the observation made by the learned single Judge in the order passed in W.P.No.3838 of 2025 dated 05.02.2025. Accordingly, the Writ Appeal is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

[J.N.B.,J.] [M.J.R.,J.] 16.06.2025 vsi Speaking order/Non-speaking order

J.NISHA BANU,J.

AND M.JOTHIRAMAN,J.

vsi To The Joint Commissioner, The Hindu Religious and Charitable Endowment Department, Coimbatore District.

W.A.No.1766 of 2025 16.06.2025