Vellammal K v. The Commissioner

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 27.02.2026

CORAM

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY 1.K.Vellammal 2.M.Manikandan 3.J.Rajasekar 4.S.Vijayakumar 5.P.Muruganantham ... Petitioners Vs.

1.The Commissioner, HR & CE Department, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai - 600 034.

2.Joint Commissioner, HR & CE Department, 3.The Assistant Commissioner, HR & CE Department, 1/6

4.The Executive Officer / Fit Person, A/M.Koodamudaiya Ayyanar Thirukkovil, Kalayarkurichi, Sivakasi Taluk, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 to 4 herein to pass necessary orders, appointing the writ petitioners as the trustees of Arulmigu Palani Aandavar Thirukkovil Mullikulam, Srivilliputhur Taluk, Virudhunagar District as per the settled scheme made in O.A.No.83 of 1978 dated 15.05.1979 within the time frame that may be fixed by this Court. For Petitioner : Mr.P.Thiyagarajan For Respondents 1 to 3 : Mr.K.Balasubramani, Special Government Pleader For Respondent No.4 : Mr.P.Mahendran

O R D E R

This Writ Petition has been filed seeking for a direction to the respondents 1 to 4 herein to pass necessary orders, appointing the writ petitioners as the trustees of Arulmigu Palani Aandavar 2/6

Thirukkovil Mullikulam, Srivilliputhur Taluk, Virudhunagar District as per the settled scheme made in O.A.No.83 of 1978 dated 15.05.1979.

2.Learned Counsel for the petitioner submits that the Arulmigu Palani Aandavar Thirukovil, Mullikulam Village, Malli Post, Srivilliputhur Taluk, Virudhunagar District is a denomination temple and a Scheme was framed in O.A.No.83 of 1978 dated 15.05.1979. Thereafter, this Court passed an order on 24.04.2025 in W.A.(MD)No.1107 of 2025, for conducting election. Accordingly, the election was conducted on 17.05.2025 and 5 members have been elected. However, the elected members have not been appointed as non-hereditary trustees of the temple since necessary orders have not been passed.

3.Learned Special Government Pleader appearing for the respondents would submit that the election has been conducted and 5 members have been elected and the recommendation for nomination of the members has been sent to the Government for approval. Once approval is granted, the elected members will take charge.

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4.Heard the learned Counsel for the parties.

5.Admittedly, 5 members have been elected by virtue of the order of this Court dated 24.04.2025, in terms of the Scheme decree passed in the year 1979. When the election was conducted on 17.05.2025, this Court is unable to understand as to why the elected members were not allowed to take charge, citing that the Government is yet to nominate the members. In such view of the matter, this Court directs the five elected members to take charge with immediate effect and the person in charge as of now shall hand over charges with immediate effect. With regard to the nomination of the new members by the Government is concerned, the Government is at liberty to nominate the members and once they are nominated, they shall assume charge. 6.Accordingly, this Writ Petition is disposed of. There shall be no order as to costs.

27.02.2026 Index: Yes/No Internet: Yes/No MR 4/6

To 1.The Commissioner, HR & CE Department, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai - 600 034.

2.Joint Commissioner, HR & CE Department, 3.The Assistant Commissioner, HR & CE Department, 5/6

KRISHNAN RAMASAMY, J.

MR 27.02.2026 6/6