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Madras High CourtWP(MD)/10437/2025disposed of

Mani @ Sankaralingam v. The Commissioner

2026-01-30Honourable Mr Justice Krishnan Ramasamy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.01.2026

CORAM

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY W.P.(MD)No.10437 of 2025 and W.M.P.(MD)Nos.7790 & 7791 of 2025 Mani @ Sankaralingam ... Petitioner Vs

1. The Commissioner, Hindu Religious and Charitable Endowments Department, Thoothukudi, Thoothukudi District.

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

3. The Assistant Commissioner / Executive Officer, Arulmigu Sankaranarayanan Swamy Temple, Sankarankovil, Tenkasi District.

4.Muthupandian 5.Chidambarammal 6.Madathi 7.Subramanian 8.Annalakshmi 1/6

9.Maheswari 10.Murugan @ Murugan Raj

11. Muthupandi 12.Nagalakshmi 13.S.Subbulakshmi ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the Impugned Order dated 13.02.2025 in I.A.No.3 of 2024 in O.A.No.2 of 2021, on the file of the Joint Commissioner, Hindu Religious and Charitable Endowments (HR and CE) Department, and quash the same, consequently, to forbear the respondents from interfering with the administration of the 6th day Adi Thabasu Mandagapadi Festival and petitioner's property situated at Door.No108, Swamy Sannathi Street, Sankarankovil, until the final adjudication of the Original Application in O.A.No. 2 of 2021.

For Petitioner : Ms.S.Mahalakshmi For Respondents : Mr.K.Balasubramani, Spl. Govt. Pleader for R1 & R2 Mr.S.Manohar for R3 Mr.S.Madhavan for R4, R8 to R12 R5 Died No Appearance for R6, R7 & R13 2/6

O R D E R

This Writ Petition is filed challenging the impugned Order dated 13.02.2025 in I.A.No.3 of 2024 in O.A.No.2 of 2021, on the file of the Joint Commissioner, Hindu Religious and Charitable Endowments (HR and CE) Department and seeking for a consequential direction to forbear the respondents from interfering with the administration of the 6th day Adi Thabasu Mandagapadi Festival and petitioner's property situated at Door.No108, Swamy Sannathi Street, Sankarankovil, until the final adjudication of the Original Application in O.A.No. 2 of 2021.

2. The learned counsel appearing for the petitioner would submit that the respondents 4 to 13 have filed an Original Application in O.A.No.3 of 1994 before the Joint Commissioner, HR & CE Department, Tirunelveli, seeking for framing a scheme. Due to bifurcation of jurisdiction, the case was transferred to the 2nd respondent and renumbered as O.A.No.2 of 2021. In the said Original Application, the respondents 4 to 13 have filed an interlocutory application in I.A.No.3 of 2024, seeking to appointment of a Special Officer to oversee the festival administration. Though the original application is pending for long time, 3/6

the 2nd respondent, without affording an opportunity of personal hearing to the petitioner, has allowed the interlocutory application by appointing a Special Officer. Challenging the said order, the petitioner has filed this Writ Petition.

3. The learned counsel appearing for the petitioner would submit that the property in question is a self acquired property and therefore, the question of framing scheme would not come into picture. He further submitted that the appointment of a Special Officer for a oneday religious event is wholly illegal and therefore, the impugned order is liable to be set aside.

4. The learned Special Government Pleader appearing for the respondents 1 and 2 would submit that if the petitioner claims that the subject property is a private property, it is for the petitioner to make his submissions before the second respondent in the pending O.A.No.2 of 2021. Hence, he prays for dismissal of this Writ Petition.

5. This Court heard the submissions made by both sides and perused the materials available on record.

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6. On a perusal of the records, it is seen that challenging the appointment of a Special Officer, the petitioner has filed this Writ Petition. This Court has granted an order of status quo vide order dated 21.04.2025. Under these circumstances, this Court is of the view that as rightly contended by the learned Special Government Pleader that if the petitioner claims that the subject property is a private property, it is for the petitioner to make his submissions before the second respondent in the pending O.A.No.2 of 2021. Therefore, it is unnecessary to keep this matter pending. Hence, this Court is inclined to dispose of this Writ Petition.

7. Accordingly, this Writ Petition is disposed of with a direction to the 2nd respondent to dispose of O.A.No.2 of 2021, pending on his file, within a period of six weeks from the date of receipt of a copy of this order. In the meantime, the status quo already granted by this Court, with regard to the functioning of the Special Officer, shall continue till the disposal of O.A.No.2 of 2021. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 30.01.2026 vsm 5/6

KRISHNAN RAMASAMY, J.

vsm To

1. The Commissioner, Hindu Religious and Charitable Endowments Department, Thoothukudi, Thoothukudi District.

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

3. The Assistant Commissioner / Executive Officer, Arulmigu Sankaranarayanan Swamy Temple, Sankarankovil, Tenkasi District.

W.P.(MD)No.10437 of 2025 30.01.2026 6/6