N.Kumarasami v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.06.2026

CORAM

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.(MD)Nos.11114 and 11116 of 2026 N.Kumarasami ... Petitioner Vs 1.The Commissioner, Hindu Religious and Charitable Endowment Department, Chennai-24.

2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Trichy District.

3.The Executive Officer, Arulmigu Sabtharisheeshwarar Temple, Lalgudi, Trichy District.

... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the second respondent vide Se.Mu.Na.Ka.No. 8673/2021/Aa1, dated 12.05.2026 and to quash the same as illegal and arbitrary and consequentially to approve the proposal sent by the petitioner on 17.02.2026 and pass such further or other orders. 1/5

For Petitioner : Mr.S.Ramanathan For Respondents : Mr.R.Parthiban Government Standing Counsel

ORDER

The Writ Petition is filed challenging the impugned order dated 12.05.2026. The impugned order appoints a fit person in respect of Arulmigu Achiramavalli Amman Temple at Jangamarajapuram, Lalgudi Taluk, Trichy District.

2. The grievance of the petitioner is that, when there is a scheme for administering the temple and a proposal has already been sent by the petitioner on 17.02.2026, instead of appointing the non-hereditary trustees as per the scheme well in advance, the respondents have waited till the tenure becoming over and now the fit person is appointed. The proposal, which is sent as early as 17.02.2026 is kept pending.

3. Per contra, the learned Government Standing Counsel would submit that the proposal is already under consideration and notice has been issued to the parties to appear before the authorities in order to verify their credentials for processing the proposal. The respondents will process the proposal as 2/5

expeditiously possible. However, in the interregnum, since the office of the trustees has fallen vacant, a fit person has been appointed.

4. I have considered the rival submissions made on either side and perused the material records of the case.

5. When the respondents themselves have submitted that they are processing the proposal dated 17.02.2026 and will be in a position to pass an order at an early date, the prayer of the petitioner challenging the appointment of the fit person, which is only a temporary measure, need not be entertained. However, the respondents shall process the proposal and finalise the appointment of trustees well in time.

6. In view thereof, this Writ Petition is allowed on the following terms: (i) The respondents shall process the proposal dated 17.02.2026 and pass final orders appointing the non-hereditary trustees as expeditiously as possible and in any event not later than 12 weeks from the date of receipt of a web copy of this order; (ii) In the meanwhile, the fit person shall continue to administer the temple;

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(iii) Once the non-hereditary trustees are appointed, the fit person shall hand over the administration back to the trustees so appointed;

(iv) No costs. Consequently, the connected miscellaneous petitions are closed.

04.06.2026 NCC : Yes/No sji To 1.The Commissioner, Hindu Religious and Charitable Endowment Department, Chennai-24.

2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Trichy District.

3.The Executive Officer, Arulmigu Sabtharisheeshwarar Temple, Lalgudi, Trichy District.

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D.BHARATHA CHAKRAVARTHY, J.

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