Ayyanar v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 17.04.2026

CORAM

THE HONOURABLE MR JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P(MD)No.8468 of 2026 Ayyanar ... Petitioner Vs.

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

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

3.The Fit Person Appointee Arulmigu Chelliyamman @ Mariamman Temple Sudalayal Village, Manamelkudi Pudukkottai District (Executive Officer Arulmigu Kalayanaramasamy Thirukovil, Meemisal Avydayarkovil Thirukovil Taluk, Pudukottai District)

...Respondents

Writ Petition is filed under article 226 of the Constitution of India, praying to issue a Writ of Certiorari, calling for the records relating to the

impugned proceedings passed by the 2nd respondent dated 02.04.2026 in Se.Mi.Ka.No.11017/2022/A3 superseding the petitioner as hereditary trustee of Arulmighu Chelliamma @ Mariamman Thirukoil, Kadalavayal Village, Manamelkudi Taluk, Pudukottai District and appointing third respondent as fit person to the said temple and quash the same. For Petitioner :Mr.V.R.Shanmuganathan For Respondents :Mr.M.Sarangan Additional Government Pleader

ORDER

This writ petition is filed challenging the impugned order dated 02.04.2026.

2.By the said order, it can be seen that on account of the involvement in a criminal case and not performing his duties as the hereditary trustee, the petitioner is straight away removed from the hereditary trusteeship and he is ordered to hand over the charge of the temple. Among other things, it can be seen that the order of removal is straight away passed. When the same is done on the ground of specific allegations, the course open to the respondents is to issue a charge memorandaum and give an opportunity to the petitioner to explain the allegations and only after conduct of proper enquiry, he can be removed from the trusteeship. Therefore, among other things, the impugned order suffers from the violation of principles of natural

justice.

3.The learned Additional Government Pleader is not in a position to assail this position that no show cause notice or charge memo whatsoever was issued. The learned counsel is not in a position to assail that the impugned order is issued on the premise that the trustee has suffered disqualification. Mere registration of FIR or mere allegation is not disqualification on the petitioner. These are the charges of misconduct against him.

Therefore, keeping open the liberty of the respondents to take proceedings afresh in the manner known to law, the impugned order dated 20.04.2026 shall stand quashed and the Writ Petition stands allowed. No costs. Consequently, connected miscellaneous petition stands closed. 17.04.2026 NCC:Yes/No Ns To 1.The Commissioner, Hindu Religious and Charitable Endowments Department, Nungambakkam, Chennai.

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

D.BHARATHA CHAKRAVARTHY, J.

Ns 3.The Fit Person Appointee Arulmigu Chelliyamman @ Mariamman Temple Sudalayal Village, Manamelkudi Pudukkottai District (Executive Officer Arulmigu Kalayanaramasamy Thirukovil, Meemisal Avydayarkovil Thirukovil Taluk, Pudukottai District) 17.04.2026