V.Muthusamy v. The Assistant Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.04.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY V.Muthusamy ... Petitioner Vs.
1.The Assistant Commissioner Hindu religious & Charitable Endowments Department Kallakurichi.
2.The Inspector Hindu religious & Charitable Endowments Department Kallakurichi.
3.The Trustee Arulmigu Arthanaariswarar Temple Namasivayapuram Village Kallakurichi District.
4.The Trustee Arulmigu Mariyamman Temple Namasivayapuram Village Kallakurichi District.
...Respondents
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Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records of impugned order passed by the first respondent vide his proceedings in Na.Ka.No.2224/2023/E1 dated 10.01.2025 and quash the same subsequently direct the respondents to refund the electricity charges paid by the petitioner to the Arthanaariswarar & Mariyaman Temples situated at Namasivayapuram Village, Kallakurichi Taluk & District from the year 2012 to 2019. For Petitioner : Mr.E.Aneesh Vinayak For Respondents : Mr.S.Ravichandran Additional Government Pleader
ORDER
This Writ Petition is filed challenging the impugned order dated 10.01.2025. By the said order, the prayer of the petitioner to refund the electricity charges that were paid by the petitioner on behalf of the temple was refused to be refunded.
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2. The learned counsel for the petitioner would submit that on account of goodwill, he kept on paying the electricity charges for the temple from his own funds. When he sought for refund, the trustees did not repay the same and therefore, he made the representation to the first respondent. The first respondent by the impugned order rejected the same. Aggrieved thereby, the Writ Petition is filed.
3. The learned Additional Government Pleader taking notice on behalf of the first and second respondents would submit that when the petitioner has paid the amount voluntarily and there is no other funds and when the trustees are not willing to reimburse, no further orders can be passed by the first respondent.
4. In view of the nature of the order that is passed, this Writ Petition is disposed of at the admission stage itself without notice to the respondents 3 and 4. Even as per the first respondent the fact that the petitioner paid the electricity bill for the temple stands admitted. If that being the admitted case, if the temple has any funds, the same can be considered to 3/6
be refunded or if there is no fund, the department can consider releasing the amount from any other grant that may be permissible. In this regard the petitioner shall make an application to the Joint Commissioner, Villupuram intimating the impugned order rejecting the request also. The Joint Commissioner can consider the feasibility of sanctioning the amounts to the petitioner either by summoning the trustees with the funds available from the temple or any other funds available with the department. If no other funds are available, the first respondent shall intimate the same to the petitioner. Thereafter, the petitioner will be entitled to file a Civil Suit against the temple claiming charges. No costs.
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To 1.The Assistant Commissioner Hindu religious & Charitable Endowments Department Kallakurichi.
2.The Inspector Hindu religious & Charitable Endowments Department Kallakurichi.
3.The Trustee Arulmigu Arthanaariswarar Temple Namasivayapuram Village Kallakurichi District.
4.The Trustee Arulmigu Mariyamman Temple Namasivayapuram Village Kallakurichi District.
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D.BHARATHA CHAKRAVARTHY , J.
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