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Madras High CourtWP(MD)/1889/2026dismissed

P.Kandasamy v. The Joint Commissioner

2026-01-27Honourable Mr Justice Krishnan Ramasamy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 27/01/2026

CORAM

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY P.Kandasamy ... Petitioner Vs.

The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Joint Commissioner Office, Dindigul.

... Respondent PRAYER :- Writ Petition, filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order passed by the Respondent in Na.Ka.No. 3535/2025/Aa 1 dated 09.01.2026 and quash the same as illegal and arbitrary and consequently directing to the Respondent to appoint the Hereditary Trustee of the Arulmigu Pidariamman Kovil, Vembur, Kujiliyamparai Taluk, Dindigul District. For Petitioner : Mr.M.Beema Rao, For Respondent : Mr.J.K.Jayaseelan Government Advocate 1/4

ORDER

Challenging the order passed by the respondent dated 09.01.2026 under Section 54(1) of the Tamil Nadu Hindu Religious & Charitable Endowments (HR&CE) Act, 1959, rejecting the petitioner's claim of hereditary trustee of Arulmigu Pidariamman Kovil, Vembur, Kujiliyamparai Taluk, Dindigul District, this writ petition is filed.

2.

Learned Government Advocate appearing for the respondent would submit that against the order passed under Section 54(1) of the HR & CE Act, appeal remedy is available to the petitioner under Section 54(4) before the Commissioner, HR & CE. However, without exhausting the appeal remedy, the petitioner has filed this writ petition.

3.

I find force in the above submission made by the learned Government Pleader. When the appeal remedy is available to the petitioner, he could have very well filed appeal 2/4

under Section 54(4) of the HR & CE Act, before the Commissioner of HR & CE against the impugned order. However, without availing the appeal remedy, straightaway the petitioner has approached this Court.

4.

Hence, this Writ Petition is dismissed with liberty to the petitioner to file appeal against the impugned order before the Commissioner of HR & CE under Section 54(4) of the HR & CE Act. No costs.

27.01.2026 Index : Yes / No bala 3/4

KRISHNAN RAMASAMY, J.

bala To The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Joint Commissioner Office, Dindigul.

ORDER MADE IN DATED : 27.01.2026 4/4