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Madras High CourtWP/40441/2025disposed of

G.Leelavathy v. The Commissioner

2025-10-29Honourable Mr.Justice P.B. Balaji8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 29.10.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.B.BALAJI G.Leelavathy ...Appellant Vs.

1.The Commissioner Hindu Religious and Charitable Endowments Department Nungambakkam, Chennai-34.

2.The Joint Commissioner Hindu Religious and Charitable Endowments Department Nungambakkam Chennai -34.

...Respondents

Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the second respondent herein to pass an order in M.P.No.29 of 2024, pending on the file of the second respondent herein, within a time frame. 1/8

For Petitioner : Mr.M.Kempraj For Respondents : Mr.S.Ravichandran Additional Government Pleader

O R D E R

This Writ Petition has been filed to direct the second respondent herein to pass an order in M.P.No.29 of 2024, pending on the file of the second respondent herein, within a time frame.

2. The Writ petitioner is the wife of one G.Dayanandan, who was the hereditary trustee of "SRI NAGAPPA CHETTIAR PILLAYAR KOIL", which was established on 1904. The Hindu Religious and Charitable Endowments Department way back in 1958, had declared one G.Vedhachala Chettiar as hereditary trustee and subsequently, the fatherin-law of the petitioner was appointed as hereditary trustee in the year 1969. The husband of the petitioner was suspended by the Department under Section 54(3) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 and temporarily kept out of the administration, in view of the accident occurred in side the temple premises. The petitioner had filed MP.No.29 of 2024 before the second respondent, claiming herself as the hereditary trustee or alternatively to appoint a fit person 2/8

under Section 54(2) r/w Section 54(3) of the Act. The petitioner's husband also gave no objection for appointment of the petitioner as the hereditary trustee. The grievance of the petitioner is that the said Miscellaneous Petition in M.P.No.29 of 2024 is pending without any progress. The Writ Petition is filed for a limited prayer to dispose of the said MP.No.29 of 2024 expeditiously.

3. Considering the limited relief and also after hearing the learned Additional Government Pleader for the respondents, I am inclined to take up the Writ Petition for final disposal. The second respondent shall conduct due enquiry and pass final orders in M.P.No.29 of 2024, after giving an opportunity by way of personal hearing to the petitioner and pass final orders within a period of 12 weeks from the date of receipt of copy of this order.

3/8

P.B.BALAJI, J.

dna

4. With the above direction, this Writ Petition is disposed of. No costs.

29.10.2025 Index : Yes/No Speaking order : Yes/No Neutral Case Citation : Yes/No dna To 1.The Commissioner Hindu Religious and Charitable Endowments Department Nungambakkam, Chennai-34.

2.The Joint Commissioner Hindu Religious and Charitable Endowments Department Nungambakkam Chennai -34.

4/8

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-11-2025

CORAM

THE HONOURABLE MR.JUSTICE P.B. BALAJI G.Leelavathy Petitioner(s) Vs

1. The Commissioner Hindu Religious And Charitable Endowments Department, Nungambakkam, Chennai-34 2.The Joint Commissioner Hindu Religious And Charitable Endowments Department, Nungambakkam, Chennai-34 Respondent(s) For Petitioner(s):

Mr.M.Kempraj For Respondent:

Mr.S.Ravichandran, AGP

ORDER

Today this matter is listed under the caption for 'being mentioned'. 2.The learned counsel for the petitioner submits that the accident occurred outside the temple premises and not inside the temple premises as indicated in paragraph no.2 of the order dated 29.10.2025.

3.In continuation of the earlier order of this Court dated 29.10.2025, passed in the above writ petition, paragraph No.2 of the order may be substituted as follows:

"2.The Writ petitioner is the wife of one G.Dayanandan, who was the hereditary trustee of "SRI NAGAPPA CHETTIAR PILLAYAR KOIL", which was established on 1904. The Hindu Religious and Charitable Endowments Department way back in 1958, had declared one G.Vedhachala Chettiar as hereditary trustee and subsequently, the father-in-law of the petitioner was appointed as hereditary trustee in the year 1969. The husband of the petitioner was suspended by the Department under Section 54(3) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 and temporarily kept out of the administration, in view of the accident occurred outside the temple premises. The petitioner had filed MP.No.

29 of 2024 before the second respondent, claiming herself as the hereditary trustee or alternatively to appoint a fit person under Section 54(2) r/w Section 54(3) of the Act. The petitioner's husband also gave no objection for appointment of the petitioner as the hereditary trustee. The grievance of the petitioner is that the said Miscellaneous Petition in M.P.No.29 of 2024 is pending without any progress. The Writ Petition is filed for a limited prayer to dispose of the said MP.No.

expeditiously."

4.All other observations made in the earlier order dated 29.10.2025, shall remain intact.

5.The Registry is directed to issue fresh order copy after carrying out necessary corrections.

27-11-2025 smv

P.B.BALAJI J.

smv 27-11-2025