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Madras High CourtCMP(MD)/507/2026dismissed

M.Sugumaran v. M.Sivapandi

2026-01-21Honourable Dr Justice G. Jayachandran,Honourable Mr Justice K.K. Ramakrishnan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.01.2026

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN in W.A.(MD) SR No.3245 of 2026 and W.A.(MD) SR No.3245 of 2026 1.M.Sugumaran 2.S.Sivamurugan 3.P.Anand ... Petitioners -vs1.M.Sivapandi 2.The Commissioner HR & CE Department No.119, Uthamar Gandhi Street Thousand Lights Chennai-600 034 3.The Joint Commissioner Office of Joint Commissioner HR & CE Department B1 Road, Ellis Nagar Madurai District ... Respondents

PRAYER (in C.M.P.(MD) No.507 of 2026): Petition filed under Section 151 of the Code of Civil Procedure to grant leave to the petitioners to file a writ appeal as against the order passed by this Court, dated 14.11.2025 in W.P.(MD) No. 32630 of 2025.

PRAYER (in W.A.(MD) SR No.3245 of 2026): Writ Appeal filed under Clause 15 of Letters Patent to set aside the order passed by this Court, dated 14.11.2025 in W.P.(MD) No.32630 of 2025.

For Petitioners :

Mr.K.Appadurai For Respondents :

Mr.D.Sasi Kumar Additional Government Pleader for R2 & R3

O R D E R

[Order of the Court was made by DR.G.JAYACHANDRAN, J.] The petitioners herein claim that they are the hereditary trustees of Arulmigu Sivankoil Parameswaran Temple Trust, Melakuilkudi, Madurai. However, without impleading them as party respondents, the first respondent / writ petitioner has obtained an order in the writ petition in W.P. (MD) No.32630 of 2025.

2. When this Court posed a question to the learned counsel for the petitioners to show any document as to how the petitioners are claiming

hereditary trusteeship or whether they are the descendants of either Machakalai and Karuppiah Thevar, who were declared as Hereditary Trustees by the Hindu Religious & Charitable Endowments Department vide proceedings dated 09.12.1985 in O.A.No.35 of 1985, the petitioners herein are unable to produce any document to substantiate their claim. In such circumstances, we are not inclined to entertain this civil miscellaneous petition.

3. Accordingly, this civil miscellaneous petition seeking leave of this Court to the petitioners herein to prefer a writ appeal as third parties stands dismissed. Consequently, W.A.(MD) SR No.3245 of 2026 stands rejected. However, it is made clear that dismissal of this civil miscellaneous petition shall not stand in the way of the petitioners to work out their remedy before the authority concerned, in accordance with law, if they so desire. [G.J., J.] [K.K.R.K., J.] 21.01.2026 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

To:

1.The Commissioner, HR & CE Department, No.119, Uthamar Gandhi Street, Thousand Lights, Chennai-600 034.

2.The Joint Commissioner, Office of Joint Commissioner, HR & CE Department, B1 Road, Ellis Nagar, Madurai District.

DR.G.JAYACHANDRAN, J.

AND K.K.RAMAKRISHNAN, J.

krk in W.A.(MD) SR No.3245 of 2026 and W.A.(MD) SR No.3245 of 2026 21.01.2026