R.Suriya Mohan v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.09.2025

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI And W.M.P.Nos.37868 and 37869 of 2025 R.Suriya Mohan ... Petitioner Vs.

1.The Commissioner, TN Hindu Religious & Charitable Endowments Department, Chennai - 600 034.

2.The Joint Commissioner, D.II TN Hindu Religious & Charitable Endowments Department, Mandhaiveli, Chennai - 600 004.

3.The Assistant Commissioner, D.II TN Hindu Religious & Charitable Endowments Department, Triplicane, Chennai - 600 005.

4.The Executive Officer, Arulmigu Yoganarashimha Swami Temple, Velacherry, Chennai - 600 042.

5.The Executive Officer, Arulmigu Dhandeeswarar Thirukkoil, Velacherry, Chennai - 600 042.

... Respondents 1/6

Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari calling for the records culminating in issuance of impugned order by second respondent appointing fifth respondent as Fit Person to Arulmigu Thiruveethiamman Thirukkoil under Sec.64(4) of the TNHRCE Act, outside the statutory proceedings in Se.Mu.Na.Ka 289/2024/E1 dated 21.08.2025, quash the same as against the procedure and natural justice.

For Petitioner : Mr.Mukunth Senior Counsel for M/s.RRN Legal For Respondents : Mr.NRR.Arun Natarajan Special Government Pleader(HR&CE)

O R D E R

This writ petition has been filed seeking issuance of Writ of Certiorari calling for the records culminating in issuance of order by second respondent appointing fifth respondent as Fit Person to Arulmigu Thiruveethiamman Thirukkoil under Sec.64(4) of the TNHR&CE Act, outside the statutory proceedings in Se.Mu.Na.Ka 289/2024/E1 dated 21.08.2025, quash the same. 2.The learned Senior Counsel appearing for the petitioner 2/6

submitted that the petitioner is the Secretary of Arulmigu Thiruveethiamman Thirukkoil, Velacherry, Chennai. The petitioner preferred an application under Section 64(1) of TNHR&CE Act with a prayer to frame a Scheme for the administration of the said Temple and the same has been numbered as O.A.No.1 of 2024 and is pending before the second respondent. In the absence of Trustee, the third respondent appointed the fourth respondent as Fit Person of Arulmigu Thiruveethiamman Thirukkoil on 11.11.2024 and challenging the same, the petitioner filed revision petition in R.P.No.1 of 2024 before the second respondent and the second respondent vide order dated 29.11.2024, granted an interim order of status-quo. In the meanwhile, the second respondent passed the impugned order appointing the fifth respondent as Fit Person of Arulmigu Thiruveethiamman Thirukkoil Temple.

3.The learned Senior Counsel appearing for the petitioner further submitted that this Court may set aside the impugned order, permit the fourth respondent to continue as the Fit Person of Arulmigu Thiruveethiamman Thirukkoil and may issue direction to the second respondent to dispose of O.A.No.1 of 2024 filed by the petitioner. 3/6

4.The learned Special Government Pleader (HR&CE) raised no serious objection.

5.In view of the consent view expressed by the learned Senior Counsel appearing for the petitioner and the learned Special Government Pleader (HR&CE), the impugned order dated 21.08.2025 passed by the second respondent is set aside. The fourth respondent is directed to take the charge of Fit Person of Arulmigu Thiruveethiamman Thirukkoil, Velacherry, Chennai and function as Fit Person of the said Temple till the disposal of O.A.No.1 of 2024 filed by the petitioner. The second respondent is directed to dispose of O.A.No.1 of 2024, within a period of three months from the date of receipt of a copy of this order.

6.The writ petition is disposed of with the above directions. No costs. Consequently, connected miscellaneous petitions are closed. 04.09.2025 pri Index: Yes/ No Speaking Order: Yes/ No 4/6

NCC: Yes/ No To 1.The Commissioner, TN Hindu Religious & Charitable Endowments Department, Chennai - 600 034.

2.The Joint Commissioner, D.II TN Hindu Religious & Charitable Endowments Department, Mandhaiveli, Chennai - 600 004.

3.The Assistant Commissioner, D.II TN Hindu Religious & Charitable Endowments Department, Triplicane, Chennai - 600 005.

4.The Executive Officer, Arulmigu Yoganarashimha Swami Temple, Velacherry, Chennai - 600 042.

5.The Executive Officer, Arulmigu Dhandeeswarar Thirukkoil, Velacherry, Chennai - 600 042.

5/6

M.DHANDAPANI,J.

pri And W.M.P.Nos.37868 and 37869 of 2025 04.09.2025 6/6