K.Kuppusamy v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.04.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.Nos.15183, 15184 & 15187 of 2025 K.Kuppusamy ... Petitioner Vs.
1.The Commissioner Hindu Charitable and Endowments Department No.119, Uthamar Gandhi Salai Nungambakkam, Chennai 600 034.
2.The Joint Commissioner Hindu Charitable and Endowments Department 20 Feet Chinamuthu Street Near Erode Trust Hospital, Erode 638 001.
3.The Assistant Commissioner Hindu Charitable and Endowments Department Namakkal District, Namakkal.
1/7
4.The Inspector of Temple Hindu Charitable and Endowments Department Thiruvallur Nagar Bhagavathi Amman Temple Campus Paramathi Vellore Taluk, Namakkal District.
5.V.Shanmugam
...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order appointing the fifth respondent as Temple Trustee for "Arulmigu Mariamman Kaliamman, Meiboga Perumal Temple (TM009748)" at Piranthagam Village, Paramathi Vellore, Namakkal District passed by the third respondent in proceedings Se.Mu.Na.Ka.No.947-114/2023/A6 dated 18.03.2025 and quash the same and consequently direct the respondents 1 to 4 to appoint New Temple Trustee as per merits and in accordance with law. For Petitioner : Mr.M.Loganathan For Respondents : Mr.K.Karthikeyan for R1 to R4 Government Advocate (HR & CE) 2/7
ORDER
This Writ Petition is filed calling for the records relating to the impugned order dated 18.03.2025 appointing the fifth respondent as trustee for Arulmigu Mariamman Kaliamman, Meiboga Perumal Temple, at Piranthagam Village, Paramathi Vellore, Namakkal District.
2. In view of the nature of order that is being passed in this Writ Petition, this Writ Petition is disposed of at the admission stage without notice to the fifth respondent. It is made clear that this Court is not adjudicating on the allegation that is made against the fifth respondent. The grievance of the petitioner is that the fifth respondent is now appointed as a trustee of the aforementioned temple, the fifth respondent suffers disqualification in as much as he has a subsisting lease with reference to the property of another temple.
3/7
3. In view thereof, already the petitioner has made a representation to the Secretary Department of Hindu Religious and Charitable Endowments Department and marked a copy to the respondents herein also. As a matter of fact, if there is a disqualification as per Section 26 of the Hindu Religious and Charitable Endowments Act 1959, the petitioner has to approach the Joint Commissioner namely the second respondent. A copy of the said representation is also made to the second respondent.
4. In view thereof, the second respondent shall take up the complaint of the petitioner dated 18.03.2025, issue notice to the petitioner as well as the fifth respondent and decide the same in accordance with law. The said exercise shall be completed within a period of six weeks from the date of receipt of the web copy of the order, without waiting for the certified copy of the order. In the meanwhile, the learned counsel for the petitioner submits that there is an arrangement before the peace Committee. If there is any such arrangement, the same shall be followed also, as far as possible. 4/7
5. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed. 17.04.2025 dna To 1.The Commissioner Hindu Charitable and Endowments Department No.119, Uthamar Gandhi Salai Nungambakkam, Chennai 600 034.
2.The Joint Commissioner Hindu Charitable and Endowments Department 20 Feet Chinamuthu Street Near Erode Trust Hospital, Erode 638 001.
3.The Assistant Commissioner Hindu Charitable and Endowments Department Namakkal District, Namakkal.
4.The Inspector of Temple Hindu Charitable and Endowments Department 5/7
Thiruvallur Nagar Bhagavathi Amman Temple Campus Paramathi Vellore Taluk Namakkal District.
D.BHARATHA CHAKRAVARTHY , J.
dna and W.M.P.Nos.15183, 15184 & 15187 of 2025 6/7
17.04.2025 7/7