Loganathan v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-09-2025

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI W.P. No. 34136 of 2025 & W.M.P.Nos.38282 and 38283 of 2025 Loganathan Petitioner Vs

1. The Commissioner Hindu Religious And Charitable Endowment Department, No.119, Uttamar Gandhi Salai, Nungambakkam, Chennai-600 034.

2.The Joint Commissioner Hindu Religious And Charitable Endowment Department, (HR and CE) Kottaimari Amman Temple Campus, Near Old Bus Stand, Salem-636 001.

3.The Assistant Commissioner, Hindu Religious And Charitable Endowment Department, (HR and CE) Arulmigu Kottai Mariamman Temple Campus, Near Old Bus stand, Salem-636 001.

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4.The Fit Person ArulmiguVelayuthasamy Temple, Hindu Religious And Charitable Endowment Department, Vattamalai Katheri Village, Sankagiri Taluk, Salem District.

Respondent(s) PRAYER The Writ Petition is filed under Article 226 of Constitution of India for issuance of a Writ of Certiorari to call for the records made in impugned order dated 11.08.2025 vide RC. No.982/2022/B2 passed by the 3rd respondent, the Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Salem and Quash the same as illegal void and unconstitutional. For Petitioner:

For Respondents:

Mr.B.Jagannathi Mr.NRR.Arun Natarajan Special Government Pleader

O R D E R

This petition is filed to call for the records made in the impugned order dated 11.08.2025 vide RC. No.982/2022/B2 passed by the 3rd respondent, the Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Salem and quash the same as illegal void and unconstitutional.

2. According to the petitioner, the petitioner is the worshipper of Arulmigu Velayuthaswamy temple, Vattamalai and as per the scheme framed 2/7

in O.A.No.16/2001 dated 10.12.2007 only the person, who belong to Kongu Vellalar Community alone are entitled to be appointed as Trustees of the said temple, for modification of the said scheme, the petitioner already made an application in O.A.No.15 of 2020 before the Joint Commissioner, viz., 2 nd respondent, however, no order was passed, therefore the petitioner filed a Writ Petition before this Court in W.P.No.10446 of 2022 and this Court by its order dated 25.04.2022 issued a direction to the 2 nd respondent herein to dispose of the petitioner's OA No.15 of 2020 within a period of four weeks, however, till date, no order was passed. In the meanwhile, the 3 rd respondent invited applications for appointment of Trustees in the Konguvellalar community vide impugned order dated 11.08.2025, challenging the same, the present Writ Petition is filed.

3. The learned counsel for the petitioner would submit that the tenure of the earlier Trustees was expired on 15.06.2025 and thereafter, the respondents have appointed a fit person for interregnum period on 17.06.2025. Further, the present impugned order dated 11.08.2025 was issued for inviting applications for appointment of Trustees, without disposing of the O.A.No.15 of 2020 as per the earlier direction issued by this Court in 3/7

W.P.No.10446 of 2022 dated 25.04.2022, which is not a sustainable one, therefore, this Court may observe that the impugned order, inviting applications for appointment of subsequent trustees, is subsequent to the result of the O.A.No.15 of 2020, which was filed for modification of the Scheme framed in O.A.No.16 of 2001 dated 10.11.2008.

4. The learned Special Government Pleader appearing for the respondents have no serious objection to the submission of the learned counsel for the petitioner.

5. Considering the facts and circumstances of the case, and taking note of fact that in the earlier order passed by this Court in W.P.No.10446 of 2022 dated 25.04.2022 wherein a direction was given to dispose of the O.A.No.15 of 2020 and it is brought to the notice of this Court that the same has not yet been disposed of, this Court is inclined to direct the 2 nd respondent to dispose of the O.A.No.15 of 2020 forthwith and the impugned order dated 11.08.2025, inviting applications for appointment of the Trustees, shall be decided suject to the result of O.A.No.15 of 2020, which was filed for modification of the Scheme in O.A.No. 16 of 2001.

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With the above said directions, the present writ petition is disposed of. Consequently, connected miscellaneous petitions are closed. No costs. 08-09-2025 Index:Yes/No; Speaking/Non-speaking order Internet:Yes To 1.The Commissioner Hindu Religious And Charitable Endowment Department, No.119, Uttamar Gandhi Salai, Nungambakkam, Chennai-600 034.

2.The Joint Commissioner Hindu Religious And Charitable Endowment Department, (hr And Ce) Kottaimari Amman Temple Campus, Near Old Bus Stand, Salem-636 001.

3.The Assistant Commissioner, Hindu Religious And Charitable Endowment Department, (hr And Ce) Arulmigu Kottai Mariamman Temple Campus, Near Old Bussstand, Salem-636 001.

4.The Fit Person A/o.Velayuthaswamy Temple, Hindu Religious And Charitable Endowment Department, Vattamalai Katheri Village, Sankagiri Taluk, Salem District 5/7

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M.DHANDAPANI J.

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