Marthar Kula Welfare Association v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.10.2025
CORAM:
THE HONOURABLE MR. JUSTICE M.DHANDAPANI and W.M.P No.41385 of 2025 Marthar Kula Welfare Association Represented by its President M.Balagurusamy Arulmigu Angala Amman Temple Palladam, Thiruppur District.
...Petitioner
Vs 1.The Commissioner Endowment Department Chennai-600 034.
2.The Joint Commissioner Endowment Department Tiruppur District 3.The Designated Fit Person/Executive Officer Arulmigu Pongaliamman Thirukovil Palladam, Tiruppur District.
...Respondents
PRAYER: This writ petition is filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the entire records relating to the impugned Order dated 31.07.2025 passed by the 1st respondent in Se.Mu.Na.Ka.No.1758366/2025/A1 and quash the same and consequently
direct the 2nd respondent to permit the petitioner Association to re-submit the Application dated 26.05.2025 for appointing three member Trust Board to Arulmigu Angalamman Temple, Palladam, Tiruppur District as per the Scheme dated 19.07.1979 in O.A No.2 of 1979 and consider the same within the time fixed by this Court.
For Petitioner : Mr.L.Mouli For Respondents : Mr.N.R.R.Arun Natarajan Special Government Pleader
O R D E R
This writ petition has been filed seeking to quash the impugned order dated 31.07.2025 passed by the 1st respondent and to direct the 2nd respondent to permit the petitioner Association to re-submit the Application dated 26.05.2025 for appointing three members Trust Board to Arulmigu Angalamman Temple, Palladam, Tiruppur District as per the Scheme dated 19.07.1979 in O.A No.2 of 1979 and consider the same within the time fixed by this Court.
2. The case of the petitioner is that Arulmigu Angalamman Temple at Palladam is a very ancient denomination Temple and it is administrated by the persons nominated from Marthar Kula Community Members of the petitioner Association to the Trust Board. As per the scheme dated 19.07.1979 passed by the HR & CE Department in O.A No.2 of 1979, the temple shall be
administered by 3 or 5 members from the petitioner Association. On 17.05.2023, based on the nomination of 3 members from the petitioner Association, the 2nd respondent appointed i) Gurusamy, 2)Jayachandran and 3) Srinivasan as Board of Trustees for a period of two years with effect from 14.04.2023. Since the office term period of Board of Trustees was expired on 14.04.2025, the members of the petitioner Association namely 1) Gurusamy, 2)Jayachandran and 3) Srinivasan had made an application on 26.05.2025 to the 2nd respondent for appointment of trustees under Section 47 of H.R & C.E Act. In the meanwhile, the 1st respondent passed the impugned order dated 31.07.2025 appointing the 3rd respondent as fit person under Section 47(1)(C) of the Act, as interim measure till new members of Trustees to the temple are appointed. Challenging the same, the present writ petition is filed.
3. However, the learned counsel for the petitioner would submit that without interfering with the appointment of a fit person, this Court may issue a direction to the 2nd respondent to consider the application dated 26.05.2025 submitted by the members of the petitioner Association namely 1) Gurusamy, 2) Jayachandran and 3) Srinivasan within a reasonable time fixed by this Court.
4. The learned Special Government Pleader appearing for the respondents would submit that the 2nd respondent will consider the application of the
members of the petitioner Association and pass appropriate orders on its own merits and in accordance with law.
5. In view of the above, this Court is inclined to issue a direction to the 2nd respondent to consider the application dated 26.05.2025 submitted by the members of the petitioner Association namely 1) Gurusamy, 2) Jayachandran and 3) Srinivasan and pass appropriate orders on its own merits and in accordance with law, within a period of twelve (12) weeks from the date of receipt of a copy of this order.
6. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 06.10.2025 Index : Yes/No : Yes/No Speaking/non-speaking order uma To 1.The Commissioner
Endowment Department Chennai-600 034.
2.The Joint Commissioner Endowment Department Tiruppur District 3.The Designated Fit Person/Executive Officer Arulmigu Pongaliamman Thirukovil Palladam, Tiruppur District.
M.DHANDAPANI, J.
uma
W.P No.37009 of 2025 & W.M.P No.41385 of 2025 06.10.2025