K.S.Maheshwaran v. The Commissioner,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.09.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)Nos.11060 and 11061 of 2025 K.S.Maheshwaran ... Petitioner Vs.
1.The Commissioner, Hindu Religious and Charitable Endowments Department, Nungambakkam High Road, Chennai-600 034.
2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Thoothukudi.
3.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Thoothukudi.
4.The Executive Officer, A/m. Mutharamman Thirukoil, Kulasekarapattinam, Thoothukudi District.
5.B.Kasilingam 1/6
6.V.Dhanapal ... Respondents (R5 & R6 are impleaded vide order dated 10.09.2025 in W.M.P.(MD)No.16333 of 2025 in W.P.(MD)No.14784 of 2025 by GRSJ).
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 order of the 4th Respondent dated 19.05.2025, Proceedings No.Nil and quash the same and consequently forbearing the Respondents in any manner from interfering the management of Arulmigu Puliyadi Devi Sri Mariamman Thirukoil, Sathankulam, Thoothukudi District.
For Petitioner : Mr.G.Prabhu Rajadurai, For Mr.J.Praekh Kumar.
For Respondents : Mr.P.Subbaraj, Spl. Government Pleader for R1 to R4.
Mr.M.Prabhakaran for R5 & R6.
ORDER
Heard both sides.
2.The petitioner challenges the impugned communication issued by the fourth respondent who has been appointed as Fit Person for the petition mentioned temple. The learned counsel for the writ petitioner 2/6
pointed out that the order appointing the fourth respondent as Fit Person has not been formally communicated to him.
3.Today ie., 11.09.2025, the learned Special Government Pleader for the department has filed a typed set of papers enclosing the copy of the appointment order dated 25.03.2025. It is seen therefrom that copy of same has not been marked to the writ petitioner who has been acknowledged as the incumbent trustee. The writ petitioner is entitled to challenge the same provided it is communicated in the manner known to law. So long as the order of appointing a Fit Person is not communicated to the incumbent trustee, the order appointing the Fit Person cannot take effect. The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Thoothukudi is directed to formally communicate the copy of the order dated 25.03.2025 to the writ petitioner, if according to the third respondent, it is still holding good.
After the same is received by the writ petitioner, it is open to the writ petitioner to challenge the same in manner known to law. In any event, such an order appointing the Fit Person shall be put on hold for a period of three weeks from the date when it is served on the writ petitioner. Till then, the status quo as on date will continue.
4.This writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. 11.09.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:
1.The Commissioner, Hindu Religious and Charitable Endowments Department, Nungambakkam High Road, Chennai-600 034.
2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Thoothukudi.
3.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Thoothukudi.
4.The Executive Officer, A/m. Mutharamman Thirukoil, Kulasekarapattinam, Thoothukudi District.
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G.R.SWAMINATHAN, J.
ias 11.09.2025 6/6