Madras High CourtWP/22524/2025disposed of

R.Govindasamy v. The Joint Commissioner

2025-06-24Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.06.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH R.Govindasamy S/o.Ramanathan Petitioner Vs The Joint Commissioner, HR & CE Administration Department, Myladuthurai, Myladuthurai District.

Respondent Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondent to consider the petitioner's petition dated 31.03.2021 seeking to declare the petitioner as hereditary trustee of the Mannatha Swamy alias A/m Kathayiamman Temple situated at Vettathangarai Village, Mahendrapalli, Sirkazhi Taluk, Myiladuthurai District, within a stipulated time fixed by this Court.

For Petitioner : Mr.J.Rajmohan For Respondent : Mr.K.Karthikeyan Government Advocate ***** 1/4

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the respondents to deal with the petition submitted by the petitioner under Section 63(b) of the Hindu Religious and Charitable Endowment Act wherein the petitioner is seeking for appointing him as the hereditary trustee of Arulmigu Kathayiamman Temple situated at Vettathangarai Village, Mahendrapalli, Sirkazhi Taluk, Myiladuthurai District.

2. Heard Mr.J.Rajmohan, learned counsel for petitioner and Mr.K.Karthikeyan, learned Government Advocate appearing for respondent.

3. The case of the petitioner is that the temple was founded by his grandfather and thereafter, his father managed the temple till 1984 and now, the petitioner, as a legal heir, is managing the affairs of the temple. In the year 1993, one Thirunavukkarasu Chettiar filed a petition in O.A.No.11/1993 before the respondent to declare him as the hereditary trustee of the temple. The petitioner contested the same and the said petition was dismissed by an order dated 29.08.2011. The petitioner 2/4

submitted a petition before the respondent on 31.03.2021 to declare him as the hereditary trustee of the temple under Section 63(b) of the Hindu Religious and Charitable Endowment Act. Since the same was not considered, the present petition has been filed before this Court.

4. Taking into consideration the facts and circumstances of the case and the materials placed before this Court, there shall be a direction to the respondent to deal with the petition filed by the petitioner on 31.03.2021 on its own merits and in accordance with law after affording opportunity to the petitioner and final orders shall be passed within a period of twelve (12) weeks from the date of receipt of a copy of this order.

This writ petition is disposed of with the above direction. No costs.

24.06.2025 Index: Yes/no Speaking Order/Non-Speaking Order gm 3/4

N.ANAND VENKATESH, J gm To The Joint Commissioner, HR & CE Administration Department, Myladuthurai, Myladuthurai District.

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