Sengodan v. The Joint Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-04-2026

CORAM

THE HON'BLE MR JUSTICE M.DHANDAPANI and WMP.Nos.16459 & 16460 of 2026 Sengodan S/o.late.Erusa Gounder, Doro No.291, Moopan Thottam, Sanarpalayam, Mylampadi Vilalge, Bhavani Taluk, Erode District-638 314 ..Petitioner(s) Vs

1. The Joint Commissioner Hindu Religious and Charitable Endowments Department

2. The Assistant commissioner Hindu Religious and Charitable Endowments Department

3. The Revenue Divisional Officer Gobichettipalayam

4. Kandasamy Olagadam Vilalge, Bhavani Taluk,

5. Periya Poosari @ Thappanallagounder, S/o.Kandigoundan, Koolaiyan Thottam, Olagadam Village,

Bhavani Taluk, ..Respondent(s) Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, calling for the records relating to the impugned order dated 20.01.2025 made in O.A. No.157 of 2021 on the file of the respondent No.1 and quash the same and consequently direct the respondents to permit the petitioner to conduct pooja and temple festivals in Arulmigu Erusiamman Temple, Situated at Vedikkarampalayam Kunakkapalayam Madapillai, Olagadam Village, Bhavani Taluk, Erode District, without interference, in accordance with the judgment and Decree dated 18.02.2019 in O.S. No.280 of 2007.

For Petitioner(s):

Mr.B M Subash For Respondent(s):

Mr.N.R.R.Arun Natarajan, SGP for R1 to R3

ORDER

The impugned order dated 20.01.2025 passed by the first respondent in O.A. No.157 of 2021, is put under challenge in the present Writ Petition. Consequently, the petitioner has sought for a direction to the respondents to permit him to conduct pooja and temple festivals in Arulmigu Erusiamman Temple, situated at Vedikkarampalayam Kunakkapalayam Madapillai, Olagadam Village, Bhavani Taluk, Erode District, without interference, in accordance with the judgment and decree dated 18.02.2019 in O.S. No.280 of 2007.

2. Heard the learned counsel for the petitioner and learned Special Government Pleader appearing for the respondents 1 to 3. Since no adverse order is to be passed as against the respondents 4 & 5 in the present Writ Petition, notice to them is dispensed with and the matter is taken up for hearing at the admission stage itself.

3. The learned counsel for the petitioner submitted that the fourth respondent has made an application to recognise him as hereditary trustee to the subject temple in O.A.No.157 of 2021 before the first respondent and the same was allowed in his favour by the first respondent and challenging the same, the present Writ Petition has been filed by the petitioner to grant the relief as sought for by him in this Petition.

4. Per contra, the learned Special Government Pleader appearing on behalf of the respondents 1 to 3 submitted that if at all, the petitioner is aggrieved by the order passed by the first respondent/Joint Commissioner, Hindu Religious and Charitable Endowments [HR & CE] Department, Erode District in O.A.No.157 of 2021 under Section 63(b) of the HR & CE Act, an effective remedy is available to the petitioner under Section 69 of the said Act to prefer an appeal before the Commissioner, HR & CE Department and thus, prayed for passing appropriate orders.

5. Considering the submissions made on either side, this Court directs the petitioner to prefer an appeal before the Commissioner, HR & CE Department, within a period of two weeks from the date of receipt of a copy of this order. On receipt of such an appeal petition from the petitioner, the Commissioner, HR & CE Department shall dispose of the same on merits and in accordance with law, after providing an opportunity of hearing to the respondents 4 & 5 herein, as well as any other interested parties in the subject issue, within a period of six weeks therefrom.

6. With the above directions, the Writ Petition is disposed of. Consequently, connected Miscellaneous Petitions are closed. There shall be no order as to costs.

24-04-2026 Index: Yes/No Speaking/Non-speaking order DP

To

1. The Joint Commissioner Hindu Religious and Charitable Endowments Department

2. The Assistant commissioner Hindu Religious and Charitable Endowments Department

3. The Revenue Divisional Officer Gobichettipalayam

M.DHANDAPANI, J.

DP 24-04-2026