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Madras High CourtWP(MD)/3318/2026disposed of

K.Sangan v. The Secretary To Government

2026-02-24Honourable Mr Justice Krishnan Ramasamy16 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 24.02.2026

CORAM

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY and W.M.P.(MD)Nos.2741, 2742, 2746, 2747, 2864, 2870, 2871 of 2026, 25252 and 25253 of 2024 W.P.(MD)No.3318 of 2026 K.Sangan ... Petitioner Vs

1. The Secretary to Government, Hindu Religious and Charitable Endowments Department, Nungambakkam, Chennai.

2. The Commissioner, Hindu Religious and Charitable Endowments Department, Nungambakkam, Chennai.

3. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Dindigul.

... Respondents 1/16

PRAYER :- Writ Petition, filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned Notification in Na.Ka.No. 8678/2022/A1 dated 27.01.2026 issued by the 3rd respondent, quash the same, consequently direct the respondents to appoint a Fit Person to administer the temple and further direct the 2nd respondent to dispose of A.P.No. 15/2024/D2 within a time frame.

For Petitioner : Mr.V.Sirkanth for Mr.S.Madhavan For Respondents : Mr.K.Balasubramani, Spl. Govt. Pleader W.P.(MD)No.3326 of 2026 1.P.Velmurugan 2.M.Karthi 3.M.Pichaimani 4.N.Nagarani 5.M.Karmegam ... Petitioners Vs

1. The Commissioner, Hindu Religious and Charitable Endowments Department, Uttamar Gandhi Salai, Nungambakkam, Chennai - 600 034.

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2. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Seelapadi, Dindigul.

3. The Inspector, Hindu Religious and Charitable Endowments Department, Periyakulam, Theni.

... Respondents PRAYER :- Writ Petition, filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned notice/proceedings of the 2nd respondent in Na.Ka.No. 8678/2022/A1 dated 27.01.2026 and quash the same as illegal and without jurisdiction, subsequently, direct the 1st to 3rd respondents herein to permit the petitioners herein to function and discharge all duties and rights as trustees of the subject mentioned temple for a period of 3 years from 24.01.2026 as per scheme in O.A.No. 8 of 1976 dated 13.05.1982 on the file of the then Deputy Commissioner of Hindu Religious and Charitable Endowment Board, Madurai - 2. For Petitioners : Mr.V.Meenakshi Sundaram, for Mr.D.Deepamathi For Respondents : Mr.K.Balasubramani, Spl. Govt. Pleader 3/16

W.P.(MD)No.3467 of 2026 Periyasamy ... Petitioner Vs

1. The Commissioner, Hindu Religious and Charitable Endowments Department, Uttamar Gandhi Salai, Nungambakkam, Chennai - 600 034.

3. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Seelapadi, Dindigul.

3. The Inspector, Hindu Religious and Charitable Endowments Department, Periyakulam, Theni.

4.P.Velmurugan 5.M.karthi 6.M.Pichaimani 7.N.Nagarani 8.M.Karmegam ... Respondents 4/16

PRAYER :- Writ Petition, filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records impugned proceeding of the 2nd Respondent herein vide proceedings in Na.Ka. No.613/2026/A1 dated 22.01.2026 and quash the same as illegal and further direct the 2nd Respondent herein to pass necessary orders to record the selection of new trustees for Arulmigu Pattalamman Muthiahsamy Temple, Melmanagalam as per the scheme O.A. No.8 of 1976 dated 13.05.1982 and pass necessary orders within a time stipulated by this Court.

For Petitioner : Mr.Raguvan Gopalan, for Mr.D.Nallathambi For Respondents : Mr.K.Balasubramani, Spl. Govt. Pleader for R1 to R3 W.P.(MD)No.3468 of 2026 Periyasamy ... Petitioner Vs

1. The Commissioner, Hindu Religious and Charitable Endowments Department, Uttamar Gandhi Salai, Nungambakkam, Chennai - 600 034.

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2. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Seelapadi, Dindigul.

3. The Inspector, Hindu Religious and Charitable Endowments Department, Periyakulam, Theni.

4.P.Velmurugan 5.M.karthi 6.M.Pichaimani 7.N.Nagarani 8.M.Karmegam ... Respondents PRAYER :- Writ Petition, filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records of the impugned Notice / Proceedings issued by the 2nd Respondent in Na.Ka.No.8678/2022/Aa1 dated 27.01.2026 and quash the same as illegal and without jurisdiction and against the scheme framed in O.A. No.8 of 1976 dated 13.05.1982 and thus render justice. For Petitioner : Mr.Raguvan Gopalan, for Mr.D.Nallathambi 6/16

For Respondents : Mr.K.Balasubramani, Spl. Govt. Pleader for R1 to R3 W.P.(MD)No.29987 of 2024 Arulmigu Pattalamman Muthaiahsamy Temple, Rep by its Chairman Board of Trustees, Mr.Neelamegam, Keelatheru, Melmangalam Village, Periyakulam Taluk, Theni District 625 603.

... Petitioner Vs

1. The State of Tamil Nadu, Represented by the Additional Chief Secretary, Tourism, Cultural and Endowment Department, Fort St. George, Secretariat, Chennai- 600 009.

2. The Commissioner, Hindu Religious and Charitable Endowment Department, Uttamar Gandhi Salai, Nungambakkam, Chennai 600 034.

3. The Joint Commissioner, Hindu Religious and Charitable Endowment Department Seelapadi, Dindugul 624 005.

4. R. Dhanuskodi

5. S. Rasuthevar 7/16

6. V. Rajaram

7. M. Moorthy

8. R. Adhimoolam

9. Thangamuthu Pillai

10. Muthumaniservai

11. Krishnan @ Krishna

12. S. Balasubramaniam

13. S. Ganesan

14. S. Jayaraman

15. R. Lakshmanan

16. Nagarajan (Exonerated)

17. Kannan (Exonerated)

18. Katturaja (Exonerated) ... Respondents PRAYER :- Writ Petition, filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, by calling for the records of the 3rd respondent passed in his proceedings O.A.No.9 of 2021 dated 07.03.2024 and quash the same.

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For Petitioner : Mr.V.Meenakshi Sundaram, for Ms.T.Sathyaselvi For Respondents : Mr.K.Balasubramani, Spl. Govt. Pleader for R1 to R3 Mr.V.Srikanth for Mr.S.Madhavan for R4 to R8 W.P.(MD)No.32135 of 2025 R.Athimoolam ... Petitioner Vs 1.The Commissioner, Hindu Religious and Charitable Endowments Department, 119, Uttamar Gandhi Salai, Nungambakkam High Road, Chennai 600 034.

2. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Dindugul.

3.Thangamuthu Pillai

4. Sethu @ Sethuramalingam 5.Muthumaniservai

6. R. Lakshmanan ... Respondents 9/16

PRAYER :- Writ Petition, filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Writ of Mandamus directing the 1st Respondent to dispose off A.P.15/2024/D-2 pending before him within time frame fixed by this Court in respect of Arulmigu Pattalamman Muthiahswamy Temple, Periyakulam, Theni District. For Petitioner : Mr.S.Manohar For Respondents : Mr.K.Balasubramani, Spl. Govt. Pleader for R1 & R2 Mr.V.Meenakshisundaram for R3 to R6 COMMON ORDER W.P.(MD)Nos.3318, 3326 and 3468 of 2026 have been filed challenging the proceedings of the Joint Commissioner, Hindu Religious and Charitable Endowments Department, Dindigul, dated 27.01.2026, calling for applications for appointment of new trustees to Arulmigu Pattalaman Muthiahsamy Temple, Melmangalam, Theni District (hereinafter referred to as "the subject Temple"). 10/16

2. W.P.(MD)No.3467 of 2026 has been filed challenging the proceedings of the Joint Commissioner, Hindu Religious and Charitable Endowments Department, Dindigul, dated 27.01.2026, rejecting the appointment of new trustees, who were appointed based on the modified Scheme dated 07.03.2024, to the subject Temple.

3. W.P.(MD) No.29987 of 2024 has been filed challenging the impugned order passed by the Joint Commissioner, Hindu Religious and Charitable Endowments Department, Dindigul, in O.A. No.9 of 2021, dated 07.03.2024, whereby the old scheme framed in O.A. No.8 of 1976 was modified by excluding one community, viz., the Konar community and including another community, viz., Rajakula Agamudaiyar, and also by appointing an Executive Officer to the subject temple.

4. W.P.(MD)No.32135 of 2025 has been filed seeking a direction to the Commissioner, Hindu Religious and Charitable Endowments Department, Chennai to dispose of A.P.15/2024/D-2 pending before him in respect of the subject temple. 11/16

5. According to the learned counsel appearing for the petitioners, the subject temple is an ancient religious institution and a scheme was framed by the Deputy Commissioner, HR & CE Madurai in O.A.No.8 of 1976, on 13.05.1982, wherein it was categorically held that five trustees shall be selected only by the members of the five communities viz., Ambalam, Servai, Pandaram, Konar and Pillai of Keelatheru, Melmangalam Village and the HR & CE Department has no role in the selection process, except to record the trustees so selected. However, the Joint Commissioner, by proceedings dated 27.01.2026, calling for applications for appointment of new trustees to the subject temple. Challenging the same, W.P.(MD)Nos.3318, 3326 and 3468 of 2026 have been filed.

6. While so, an application was filed under Section 62(5) of the HR & CE Act in O.A.No.9 of 2021 to amend the scheme. The Joint Commissioner, by order dated 07.03.2024, modified the scheme by excluding one community, viz., the Konar community, and including another community, viz., Rajakula Agamudaiyar, and also by appointing 12/16

an Executive Officer to the subject temple. Challenging the said modified scheme, W.P.(MD)No.29987 of 2024 has been filed.

7. Thereafter, based on the modified scheme, new Board of Trustees were appointed through resolutions dated 06.01.2026 and 19.01.2026. However, the Joint Commissioner, through the proceedings dated 22.01.2026, rejected the appointment of new trustees. Challenging the same, W.P.(MD)No.3467 of 2026 has been filed.

8. As against the modified scheme, an appeal was filed in A.P.No.15 of 2024 before the Commissioner, HR & CE Department, Chennai and the same is still pending. Hence, W.P.(MD)No.32135 of 2025 has been filed to dispose of the said A.P.No.15 of 2024, within a time frame.

9. This Court heard the submissions made by the respective learned counsel appearing for all the parties and perused the materials available on record.

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10. Considering the submissions made by the respective learned counsel appearing for all the parties, this Court is of the view that, once A.P. No.15 of 2024 is disposed of, the rights of the Konar Community and the Rajakula Agamudaiyar Community will be decided, as to which community is required to be included or excluded from the scheme. Until the disposal of the said A.P. No.15 of 2024, this Court is of the opinion that status quo shall be continued, which would suffice to meet the ends of justice for all the parties concerned in these Writ Petitions.

11. In view of the above, this Court directs the appellate authority viz., The Commissioner, Hindu Religious and Charitable Endowments Department, Chennai, to dispose of A.P.No.15/2024-D-2 within a period of three months from the date of receipt of a copy of this order. The interim order of status quo already granted by this Court shall continue till the disposal of the said appeal. 14/16

12. With the above directions, all these Writ Petitions are disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 24.02.2026 Index : Yes/No NCC : Yes/No vsm TO

1. The Secretary to Government, Hindu Religious and Charitable Endowments Department, Nungambakkam, Chennai.

2. The Commissioner, Hindu Religious and Charitable Endowments Department, Nungambakkam, Chennai.

3. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Dindigul.

4. The Inspector, Hindu Religious and Charitable Endowments Department, Periyakulam, Theni.

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KRISHNAN RAMASAMY, J.

vsm WP(MD)Nos.3318, 3326, 3467, 3468 of 2026, Date : 24.02.2026 16/16