Soosaiya Peter Educational Trust v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.08.2025

CORAM

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR and THE HONOURABLE MR.JUSTICE S.SOUNTHAR in W.P.No.30701 of 2023 Soosaiya Peter Educational Trust, represented by Managing Trustee, Mr.S.Peter, Madha Nagar, Kundrathur, ... Petitioner -Vs1.

The State of Tamil Nadu rep. by the Secretary to Government, Hindu Religious & Charitable Endowments Department, Government of Tamil Nadu, Secretariat, Fort St. George, Chennai 600 090.

2.

The Commissioner, Hindu Religious & Charitable Endowments Department, Nungambakkam, Chennai 600 034.

3.

The District Revenue Officer cum Sole Officer-I (Temple Properties), Office of the Commissioner, Hindu Religious & Charitable Endowments Department, Nungambakkam, Chennai 600 034.

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4.

Arulmigu Sekkizhar Swami Thirukovil, Rep. By its Executive Officer, Kundrathur, ...

Respondents PRAYER in W.M.P.No.23018 of 2025: Petition filed under Section 226 of the Constitution of India, to recall the order dated 12.12.2024 and restore the Writ Petition in W.P.No.30701 of 2023 and pass such further or other orders as this Hon'ble Court may deem fit.

For Petitioner :

Mr.Richardson Wilson For Respondents :

Mr.N.R.R.Arun Natarajan, Special Government Pleader (HR & CE)

O R D E R

(Order of the Court was made by R.SURESH KUMAR, J.) By our order dated 12.12.2024, we after giving reasons dismissed the writ petition, of course, for want of prosecution. In order to restore the writ petition, though this miscellaneous petition has been filed, Mr.Richardson Wilson, learned counsel appearing for the petitioner would submit that, if the Court is not inclined to restore the writ petition for hearing it on merits, liberty may be granted for the limited purpose of enabling the petitioner to file statutory revision against the order dated 30.09.2023, which is impugned in the writ 2/6

petition, before the Revisional Authority / Commissioner of HR&CE, of course belatedly, as the limitation period is already over.

2. Heard Mr.NRR.Arun Natarajan, learned Special Government Pleader appearing for HR&CE.

3. Though Mr.T.R.Ramesh, who appears party-in-person, filed a impeading petition in W.M.P.No.39738 of 2024, because of the order that we are going to pass herein today, we feel that, the impleading petition need not be entertained at this stage.

4. In our order dated 12.12.2024, why we dismissed the writ petition for want of prosecution has been stated. Therefore, we do not want to show our indulgence to restore the writ petition for the purpose of hearing on merits. However, at the same time, since the petitioner wants to get a liberty to file a statutory revision against the impugned order dated 30.09.2023, as that statutory right of filing the appeal is always available to the petitioner otherwise except the limitation point as it comes in the way. Having taken note of, in these aspects, we are inclined to pass the following order in this miscellaneous petition:

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that the dismissal of the writ petition by our order dated 12.12.2024 would not preclude the present petitioner / writ petitioner from filing any statutory revision against the order of the Joint Commissioner, HR&CE Department dated 30.09.2023 before the Revisional Authority / Commissioner of HR&CE. If such an revision is filed within two weeks from the date of receipt of copy of this order, the Revisional Authority / Commissioner of HR&CE can entertain the same without insisting upon the limitation period, however, on payment of cost by the petitioner which is quantified as Rs.5,00,000/- (Rupees Five Lakhs only). The cost to be paid in this regard by the petitioner would be accounted at the Temple account of Arulmigu Sekkizhar Swami Thirukovil, Chennai / fourth respondent herein.

This liberty given to the petitioner shall not be understood that, the merits of the revision to be filed by the petitioner is accepted by this Court and in this regard, it is open to the Commissioner of HR&CE Department to decide the revision on merits and in accordance with law. Before deciding the revision or during the hearing of revision, if any intervening petition is filed by the third party who is interest over the Temple concerned as a devotee, that shall also be entertained and opportunity be given to such intervenors before deciding the revision on merits.

5. With these directions, this Miscellaneous Petition is disposed of. 4/6

(R.S.K., J.) (S.S., J.) 14.08.2025 NCC : Yes / No Index : Yes / No Speaking Order : Yes / No vji To :

1.

The Secretary to Government, State of Tamil Nadu Hindu Religious & Charitable Endowments Department, Government of Tamil Nadu, Secretariat, Fort St. George, Chennai 600 090.

2.

The Commissioner, Hindu Religious & Charitable Endowments Department, Nungambakkam, Chennai 600 034.

3.

The District Revenue Officer cum Sole Officer-I (Temple Properties), Office of the Commissioner, Hindu Religious & Charitable Endowments Department, Nungambakkam, Chennai 600 034.

4.

The Executive Officer, Arulmigu Sekkizhar Swami Thirukovil, Kundrathur, R.SURESH KUMAR, J.

and S.SOUNTHAR, J.

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vji in W.P.No.30701 of 2023 14.08.2025 6/6