N.Venugopalan v. The Joint Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.07.2025
CORAM
THE HON'BLE MR.JUSTICE C. SARAVANAN and W.M.P.(MD) Nos.5639 & 5640 of 2025 N.Venugopalan Founder/Managing Trustee, Sri Suyambu Boomi Balan Trust, No.2/65, Perumal Kovil Street, Thappai Kallakudi Vazhi, Lalgudi Taluk, Trichy District.
... Petitioner Vs.
1.The Joint Commissioner, Hindu Religious Charitable and Endowments Department, Trichy.
2.The Assistant Commissioner, Hindu Religious Charitable and Endowments Department, Perambalur.
3.The Manager, Indian Overseas Bank, Purathakudi, Lalgudi Taluk, Trichy District.
4.Arulmigu Ayyanar Pidari Group Thirukovil Suyambu Sree Boomi Balagan Temple, Page No. 1 of 6
Thiruppani Kuzhu, through the President, R.Venkatesan, Malvai, Lalgudi Taluk, Trichy District.
5.Arulmigu Ayyanar (Boomibalagan) Pidari, Karuppanna Swamy Temples, Malvai, represented its Fit Person/Executive Officer, office at Arulmighu Suththarathineshwarar Temple, Oottathur, Lalgudi Taluk, Trichy District.
... Respondents [R4 and R5 were impleaded vide order dated 03.07.2025 passed in W.M.P(MD) Nos.7678 & 8269 of 2025] PRAYER : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the order passed by the second respondent in his proceedings in Na.Ka.No.4086/2022/A4 dated 03.03.2025 and the consequential order passed by the third respondent dated 07.03.2025 and quashing the same and directing the respondents to activate the petitioner's bank Account No.098902000000764, Indian Overseas Bank, Purathakudi, Lalgudi Taluk, Trichy District.
For Petitioner : Mr.V.Panneer Selvam For R1 & R2 : Mr.S.S.Madhavan Additional Government Pleader For R3 : Mr.N.Dilipkumar Page No. 2 of 6
For R4 : Mr.N.Ananda Kumar For R5 : Mr.Ramesh Mahadev
O R D E R
The petitioner has challenged the impugned communication dated 03.03.2025 issued by the second respondent-Assistant Commissioner, bearing reference Na.Ka.No.4086/2022/A4, and the consequential impugned order passed by the third respondent-Bank dated 07.03.2025.
2. By the first mentioned impugned order, the petitioner's bank account with the third respondent was directed to be freezen. Pursuant to the same, the third respondent, by the second mentioned impugned order, has frozen the account of the petitioner.
3. The petitioner has registered a society on 01.10.2024 under the name 'Sri Suyambu Boomi Balan Trust'. A perusal of the records indicates that the reason for freezing the petitioner's bank account is based on certain complaints filed by various persons, namely: i. a complaint filed by the Hereditary Trustee of the fourth respondent-Temple on 03.03.2025 to the second respondent; Page No. 3 of 6
ii. a complaint filed by the Thirupani Committee of the Temple on 15.03.2025 to the Superintendent of Police, Trichy; and iii. a complaint filed by the Assistant Commissioner on 03.03.2025 to the Deputy Superintendent of Police, Lalgudi.
4. There are indications that the petitioner-society has collected amounts in violation of Rule 5(a) of the Collection of Income and the Incurring of Expenditure Rules, 1961. The third respondent-bank has informed that a sum of Rs.27,88,480/- is available in the account of the petitioner, which was opened on 29.10.2024 i.e., after the registration of the society on 01.10.2024.
5. Considering the fact that the impugned order was passed on 03.03.2025 and the petitioner's account was frozen on 07.03.2025, I direct the second respondent-Assistant Commissioner to afford a post facto decisional hearing to the petitioner, who shall justify as to why the freezing of the account should not be continued. This exercise shall be commenced within a period of one week from today and completed within two weeks thereafter. It is open to the petitioner to submit an appropriate representation.
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6. Accordingly, this Writ Petition stands disposed of. No costs. Consequently, the connected Miscellaneous Petitions are closed. 03.07.2025 (2/2) JEN Index : Yes / No Internet : Yes / No To 1.The Joint Commissioner, Hindu Religious Charitable and Endowments Department, Trichy.
2.The Assistant Commissioner, Hindu Religious Charitable and Endowments Department, Perambalur.
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C.SARAVANAN , J.
JEN 03.07.2025 (2/2) Page No. 6 of 6