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Madras High CourtWP/14506/2025disposed of

T.Nandhagopan v. The Commissioner

2025-04-23Honourable Mr Justice D.Bharatha Chakravarthy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :23.04.2025

CORAM

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Writ Petition No.14506 of 2025 T.Nandhagopan, Son of (Late)Thalaimalaisamy Naidu, Hereditary Trustee, Sevindhapatti P.O., Thottiyam Via, Mohanur Taluk, Namakkal District 637 002.

.. Petitioner /versus/ 1.The Commissioner, Hindu Religious & Charitable Endowments Department, No.119, Uthamar Gandhi salai, Nungambakkam, Chennai 600 034.

2.The Joint Commissioner, No.9/2, Jeevanandam Nagar, Karur Bypass Road, Opposite to HP Petrol Bunk, Erode 638 002.

3.The Assistant Commissioner, No.205, Namakkal Collectorate Complex, Namakkal-Tiruchengode Main Road, Namakkal 637 003.

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4.The Inspector, Ranganathar Thermuthi Building, Namakkal 637 001.

5.The Manager, State Bank of India, Erumapatti Branch SF No.164/16, Thuraiyur Main Road, Namakkal 637 013.

6.Thalamalai Seva Trust, Represented by its Managing Trustee, Mr.Agni M.Rajesh, No.104, Agni Mariamman Koil Street, Erumapatti, Sendhamanagalam Taluk, Namakkal 637 013.

.. Respondents Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent Nos.2 to 4 to direct the 5th respondent bank to freeze the bank account of the 6th respondent trust and to consequently direct the funds lying in the 6th respondent's bank account to be transferred to the bank account of Arulmigu Thalaimalai Venkatachalapathy Thirukovil in accordance with the circular bearing Na.Ka.No.65713/2022/Z1, dated 17.11.2022 issued by the 1st respondent. For Petitioner :Mr.G.Harshavarthan For Respondents :Mr.KKarthikeyan, GA(HR &CE) for R1 to R4 2/6

ORDER

In view of the nature of the relief, that is granted, this Writ Petition is disposed of, at the admission stage, without notice to the 6th respondent, as this Court is not deciding the case on merits of the allegation.

2. Upon hearing the learned counsel appearing for the petitioner, the grievance, that is expressed by the petitioner is that, there is a temple, namely , Arulmigu Thalaimalai Venkatachalapathy Thirukovil. While so, the 6th respondent started a Trust in the said name Thalamalai Seva Trust and passing off the trust as if it belongs to the temple and collecting money from the third parties.

3. In view thereof, the second respondent/Joint Commissioner is directed to take up the representation, that is made by the petitioner on 06.03.2025. The second respondent shall issue notice to the petitioner as well as the 6th respondent and after conducting enquiry, pass such orders, as may be permissible under law, by taking into account the circular dated 17.11.2022, issued by the Commissioner, Chennai, with regard to the said issue. The said 3/6

exercise shall be completed within a period of 12 weeks, from the date of the web copy of this order, without waiting for the certified copy of the order. No costs.

23.04.2025 ari To 1.The Commissioner, Hindu Religious & Charitable Endowments Department, No.119, Uthamar Gandhi salai, Nungambakkam, Chennai 600 034.

2.The Joint Commissioner, No.9/2, Jeevanandam Nagar, Karur Bypass Road, Opposite to HP Petrol Bunk, Erode 638 002.

3.The Assistant Commissioner, No.205, Namakkal Collectorate Complex, Namakkal-Tiruchengode Main Road, Namakkal 637 003.

4.The Inspector, Ranganathar Thermuthi Building, Namakkal 637 001.

5.The Manager, State Bank of India, 4/6

Erumapatti Branch SF No.164/16, Thuraiyur Main Road, Namakkal 637 013.

6.Thalamalai Seva Trust, Represented by its Managing Trustee, Mr.Agni M.Rajesh, No.104, Agni Mariamman Koil Street, Erumapatti, Sendhamanagalam Taluk, Namakkal 637 013.

7.The Government Advocate (HR &CE), High Court, Madras.

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D.BHARATHA CHAKRAVARTHY, J.

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