P.N.Vasudevan v. Mr.Vijayakumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-12-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH IN WP No.18546 of 2025

1. P.N.Vasudevan S/o.P.Natarajan, 25/3W, Chinna Mariamman Koil Street, Omalur, Salem District 636 455.

2.O.S.Ravi S/o.S.Srinivasan, 70/1, New Street, Omalur, Salem District 636 455.

3.M.Siddhu Raj S/o.C.Marappa Chettiar, 56/1 4W, North Chinna Mariamman Koil Street, Omalur, Salem District 636 455.

Petitioners Vs

1. Mr.Vijayakumar S/o.Arunachalam, Secretary of Devanga Chettiyar Community Association, 17/4,Pillaiyar Koil Street, Omalur, Salem District 636 445 2.The Commissioner HR and CE Department, Uthamar Gandhi Road, Nungambakkam, Chennai 600 034 3.The Joint Commissioner HR and CE Department, Salem 636 001

4.The Assistant Commissioner HR and CE Department, Salem 636001 Respondents PRAYER To grant leave to the petitioners to recall the order dated 02/07/2025 made in WP.No.18546 of 2025 For Petitioners:

Mr.Murugamanickam Senior Counsel for Ms.G.Ambika For Respondents:

Ms.S.Vasavi Sridevi for R1 Mr.N.R.R.Arun Natarajan Special Government Pleader for R2 to R4

ORDER

This writ miscellaneous petition has been filed seeking for leave of this Court to recall the order passed in W.P.No.18546 of 2025 dated 02.07.2025.

2. Heard the learned counsel appearing for the parties.

3. The learned Senior Counsel appearing on behalf of the petitioners in this petition submitted that pursuant to the order passed in the writ petition, the Government has nominated nine hereditary trustees by completely omitting the Kannada speaking Devanga Chettiyars from the administration of the said temple and the petitioners are also in the process of challenging the proceedings of the Assistant Commissioner dated 23.08.2025. The learned Senior Counsel submitted that even if the petitioners want to challenge the order passed by the

Assistant Commissioner dated 23.08.2025, the earlier order passed by this Court in the writ petition will come in the way of the petitioners and already steps are being taken to implement the said order. Therefore, the petitioners have knocked the doors of this Court seeking for recalling the earlier order passed in the writ petition.

4. The learned Special Government Pleader appearing on behalf of the respondents 2 to 4 submitted that the list containing the names of trustees recommended by the Mahajana Sabha is being acted upon. Accordingly, the Assistant Commissioner has passed the order and the final Government Order will be passed within a period of two weeks.

5. The learned counsel appearing on behalf of the first respondent/writ petitioner submitted that the present petition has been filed on the premise that only the Telugu speaking Devanga Chettiyars were considered and the Kannada speaking Devanga Chettiyars have been omitted. However, even as per the proceedings of the Assistant Commissioner dated 23.08.2025, out of the five persons, two of them are Kannada speaking Devanga Chettiyars. Therefore, the learned counsel questioned the very basis on which the present petition has been filed before this Court.

6. In the considered view of this Court, proceedings have already been

issued by the Assistant Commissioner and there are clearly disputed question of facts. These facts cannot be gone into in a recall petition. In any case, the petitioners are intending to challenge the proceedings of the Assistant Commissioner. Therefore, it is left open to them to raise all the grounds and it is not necessary for this Court to go into the issues raised in this petition. It will tantamount to rehearing the entire writ petition beyond the cause of action for which the writ petition was filed.

7. In the light of the above discussion, no further orders can be passed in this petition and accordingly, this writ miscellaneous petition stands closed. 19-12-2025 ss To 1.The Commissioner HR and CE Department, Uthamar Gandhi Road, Nungambakkam, Chennai 600 034 2.The Joint Commissioner, HR and CE Department, Salem 636001 3.The Assistant Commissioner HR and CE Department, Salem 636001

N.ANAND VENKATESH J.

ss in WP No. 18546 of 2025 19-12-2025