N.Elumalai v. The Union Territory Of Puducherry

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-06-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH AND WMP NO. 25532 OF 2021

1. N.Elumalai S/o.Natesan, No.64, M.O.H.Road, Petitioner(s) Vs

1. The Union Territory of Puducherry Rep by its Secretary, Department of Hindu Religious Institution and Waqf, Goubert Avenue, Beach Road, White Town, Puducherry-605 001 2.The Commissioner Hindu Religious Institutions, 3rd Floor, Collectorate Complex, Vazhudavur Road, Pettaiyanchathiram, Puducherry605 009 3.Kurinji Nagar Hindu Religious Narpani Mandram Rep By Its President, Sri Valampuri

Gnana Vinayagar Temple, Kurunji Nagar, Lawspet, Puducherry-605 008 4.Sri Valampuri Gnana Vinayagar Temple Respondent(s) PRAYER Writ petition filed under Article 226 of Constitution of India for the issuance of writ of Mandamus directing the 1 st and 2 nd respondent to pass orders on the petitioner's representation dated 17.4.2021 and reminder dated 23.4.2021 by constituting a Board of Trustees as contemplated under Section 4(1) of the Pondicherry Hindu Religious Institutions Act, 1972 for Proper administration of the 4th respondent Temple and to take control and custody of the said temple from the 3rd respondent private association within a time frame fixed by this Court.

For Petitioner(s):

Mr.G.S.Vivekmani For Respondent(s):

Mr.R.Sreedhar Additional Government Pleader (Pondy) for R1 and R2 Mr.U.Karunakaran for R3 and R4

ORDER

This writ petition has been filed for a direction to the respondents 1

and 2 to pass orders on the representation made by the petitioner on 17.04.2021 wherein the petitioner is seeking for constituting Board of Trustees as contemplated under Section 4(1) of the Pondicherry Hindu Religious Institutions Act, 1972 for proper administration of the 4 th respondent temple.

2.

Heard MR.G.S.Vivekmani, learned counsel for the petitioner and Mr.R.Sreedhar, learned Additional Government Pleader (Pondy) for respondents 1 and 2 and Mr.U.Karunakaran, learned counsel for respondents 3 and 4. 3.

Section 4(1) of the Act, has already been struck down by the Division Bench of this Court in WA No.1344 to 1347 of 1986 by judgement dated 03.04.2001. Thereafter, a Government Order came to be passed on 14.07.2023 by the Government of Puducherry and this Government Order was put to challenge before this Court and the Government Order has been stayed. 4.

In view of the above, the relief as sought for by the petitioner cannot be granted by this Court and accordingly, this writ petition stands dismissed. No costs. Consequently, the connected miscellaneous petition is closed.

10-06-2025 rka

Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Union Territory of Puducherry Rep by its Secretary, Department of Hindu Religious Institution and Waqf, Goubert Avenue, Beach Road, White Town, Puducherry-605 001 2.The Commissioner Hindu Religious Institutions, 3rd Floor, Collectorate Complex, Vazhudavur Road, Pettaiyanchathiram, Puducherry605 009 3.Kurinji Nagar Hindu Religious Narpani Mandram Rep By Its President, Sri Valampuri Gnana Vinayagar Temple, Kurunji Nagar, Lawspet, Puducherry-605 008 4.Sri Valampuri Gnana Vinayagar Temple

N.ANAND VENKATESH J.

rka WMP NO. 25532 OF 10-06-2025