S.Velusamy v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.08.2025
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH S.Velusamy S/o.Late Subbaraya Gounder Petitioner Vs 1.The Commissioner, Hindu Religious and Charitable Endowment Department, No.119, Uttamar Gandhi Road, Thousand Lights West, Nungampakkam, Chennai-600 034.
2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, 182, First Floor, Cotton Market Complex, Palladam Road, Tiruppur-641 604.
3.The Fit Person, Arulmighu Thiruneelakandiamman @ Kandiamman Temple, Pongalur, Palladam Taluk, Tiruppur-641 667.
Respondents Writ Petition filed under Article 226 of the Constitution of 1/6
India seeking issuance of a Writ of Mandamus directing the second respondent herein to consider and dispose of the petitioner's representation dated 28.11.2024 in accordance with law within a fixed time frame.
For Petitioner : Mr.P.M.Duraisamy For Respondents : Mr.K.Karthikeyan Government Advocate *****
O R D E R
This writ petition has been filed seeking issuance of a writ of mandamus directing the second respondent to deal with the representation made by the petitioner on 28.11.2024 and to take action within the time frame fixed by this Court.
2. The case of the petitioner is that the temple situated at Tirupur District is governed by a scheme that was framed in the year 1982 in order to enable the institute to administer the temple through nonhereditary trustees appointed by the Hindu Religious and Charitable Endowment Department. No trustees were appointed by the department since the year 2011 even after the expiry of the term. It is alleged that various illegalities have taken place subsequently, which even resulted in registration of First Information Report in Crime No.21 of 2024 on 16.10.2024 by the District Crime Branch, Tiruppur. The third respondent 2/6
was appointed as a fit person on 13.07.2024 by the second respondent in order to administer the temple until regular trustees are appointed. However, the third respondent was not able to bring the situation under control and the third respondent, in a way, was permitting the offenders to misuse the temple premises. The representation made by the petitioner on 28.11.2024 lists various allegations and informs various illegal activities that are taking place in the temple premises. Since no action was taken by the second respondent on the representation made by the petitioner, the present writ petition has been filed before this Court.
3. When the matter was taken up for hearing today, learned Government Advocate produced the written instructions received from the third respondent. The third respondent has taken a stand that she has already taken over the administration of the temple and everything is under control.
4. Considering the nature of allegations made in this case, it will be more appropriate if the second respondent deals with the representation of the petitioner dated 28.11.2024 after getting the report of the third respondent. A final decision shall be taken by the second 3/6
respondent within a period of six (6) weeks from the date of receipt of a copy of this order. It is brought to the notice of this Court that the modification of the scheme is also pending before the second respondent. Hence, an effective decision can be taken in this case only if nonhereditary trustees are appointed after finalizing the scheme. Therefore, the second respondent shall also deal with this issue and take a decision in line with the order passed by this Court in C.R.P.No.1779 of 2025 dated 16.05.2025 wherein this Court directed to take a decision within a period of six (6) months.
This writ petition is disposed of with the above direction. No costs.
12.08.2025 Index: Yes/no Speaking Order/Non-Speaking Order gm To 1.The Commissioner, Hindu Religious and Charitable 4/6
Endowment Department, No.119, Uttamar Gandhi Road, Thousand Lights West, Nungampakkam, Chennai-600 034.
2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, 182, First Floor, Cotton Market Complex, Palladam Road, Tiruppur-641 604.
3.The Fit Person, Arulmighu Thiruneelakandiamman @ Kandiamman Temple, Pongalur, Palladam Taluk, Tiruppur-641 667.
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N.ANAND VENKATESH, J gm 12.08.2025 6/6