Madras High CourtWP/39724/2024disposed of

Arulmigu Selliyamman And Arulmigu v. The Commissioner,

2025-01-06Honourable Mr Justice S. Sounthar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.01.2025

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR W.M.P.Nos.43022 of 2024 Arulmigu Selliyamman And Arulmigu Sollapuriamman Tirukkoil Anandana Arakkattalai, Rep. By The Its Treasurer, Meganathan, 55 Years, S/o. Ganeshan, Katpadi Road, Thottapalaiyam, Vellore Town And Taluk.

... Petitioner vs.

1.The Commissioner, Hindu Religious and Charitable EndowmentDepartment No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai 600 034.

2.The Joint Commissioner, Hindu Religious And Charitable Endowments Department, No.308, Arcot Road, Kakithapattarai, Vellore 632 012. 3.The Assistant Commissioner, Hindu Religious And Charitable Endowments Department, Vellore.

..Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records relating to the impugned notification published in the Daily Thanthi New Articles dated 1/4

16/11/2024, issued by the 2nd respondent to inviting application for appointment of non hereditary trustee in Arulmigu Selliyamman Temple, Paalar riverbed, vellore Town and to quash the same. For Petitioner : Mr.S.Sukumar For Respondents : Mr.N.R.R.Arun Natarajan Special Government Pleader (HR& CE)

O R D E R

The writ petition is filed challenging the notification issued by the 2nd respondent calling for application to appoint non-hereditary trustees to a temple called Arulmigu Selliyamman Temple, Paalar riverbed, Vellore.

2. It is the case of the petitioner that above said temple was established by his forefathers and the petitioner trust members have been administering the same all along. It is also stated that Kumbabishekam of the temple was performed in the year 1983 when the temple was under the administration of petitioner's forefathers. It is also not disputed by the petitioner that HR & CE Department had taken over the control of the temple in the year 2004 and even thereafter, by getting necessary permission from the Department, the villagers have been doing all developmental activities in the temple in the name of committee and a Kumbabishekam was performed on 04.02.2018 in a grand manner. Now, aggrieved by the 2/4

proposal of the 2nd respondent to appoint non-hereditary trustees to the temple, the petitioner has come before this Court.

3. Even as per the admitted case of the petitioner, till date the petitioner has not obtained any declaration from the competent authority regarding the hereditary nature of the trusteeship of the temple. In such circumstances, there may not be any impediment for the HR & CE Department to go ahead with the appointment of non-hereditary trustees. However, it is always open to the petitioner to file appropriate application before the jurisdictional Joint Commissioner seeking declaration of alleged hereditary status of the trusteeship of the temple.

4. With the above observations, the Writ Petition stands disposed of. No costs. Consequently, the connected miscellaneous petition is closed. 06.01.2025 (1⁄2) Index:Yes/No Internet:Yes/No nr Note: Issue order copy on 10.01.2025.

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S.SOUNTHAR, J.

nr To 1.The Commissioner, Hindu Religious and Charitable EndowmentDepartment No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai 600 034.