Karnan D v. The Assistant Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.01.2026 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI and WMP.(MD)No.653 of 2026 D.Karnan ... Petitioner Vs.

1.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, B1 Road, Ellis Nagar, Madurai-625016.

2.The Inspector, Hind Religious and Charitable Endowments Department, Tirupparankundram, Tirupparankundram Taluk, Madurai District.

3.The Executive Officer, Arulmigu Kalyana Sundareswarar Temple, Avaniyapuram, Madurai South Taluk, Madurai District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorari, to call for the records of the impugned order of the third respondent dated 02.01.2026 and quash the same as illegal.

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For Petitioner : Mr.C.Guhaseelarupan For Respondents : Mr.J.K.Jeyaseelan, Government Advocate

ORDER

The petitioner, challenging the order passed by the third respondent dated 02.01.2026, has filed this writ petition, in and by which, the petitioner was directed to hand over the charge. 2.Mr.J.K.Jeyaseelan, learned Government Advocate takes notice for the respondents and submits that the order impugned in this writ petition is a consequential order to the order passed by the first respondent appointing Fit person to Arulmigu Kalyana Sundareswarar Temple, Avaniyapuram, dated 23.12.2025. 3.The learned counsel for the petitioner disputes the same and submits that the order appointing Fit person was not even served on the petitioner.

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4.The learned Government Advocate submits that before passing the impugned order, the administration of the temple has been taken over by the Hind Religious and Charitable Endowments Department and Fit person has also been appointed, on 23.12.2025. He further submits that before taking over the control of the temple, an opportunity was provided by issuing show cause notice dated 21.12.2024. According to him, as against the order passed by the Commissioner taking over the control of the temple, the petitioner is having a remedy by way of filing a suit. As against the order of appointment of Fit person, the petitioner is also having an appeal remedy under Section 21 of the Hindu Religious and Charitable Endowments Act. Therefore, he prayed for dismissal of this writ petition.

5.In view of the above submission, this writ petition is disposed of with a liberty to the petitioner to workout his available remedies. The respondents shall furnish the copies of 3/6

the order passed by the Commissioner as well as the order appointing the Fit person. The petitioner is directed to hand over the charges forthwith, otherwise, the respondents shall take over the charges. No costs. Consequently, connected miscellaneous petition is closed.

12.01.2026 NCC : Yes/No Index : Yes/No Internet:Yes gns 4/6

To 1.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, B1 Road, Ellis Nagar, Madurai-625016.

2.The Inspector, Hind Religious and Charitable Endowments Department, Tirupparankundram, Tirupparankundram Taluk, Madurai District.

3.The Executive Officer, Arulmigu Kalyana Sundareswarar Temple, Avaniyapuram, Madurai South Taluk, Madurai District.

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B.PUGALENDHI,J gns 12.01.2026 6/6