S.Tamilmaran v. The Assistant Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.06.2025
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P(MD)Nos.12618 to 12620 of 2025 S.Tamilmaran ... Petitioner Vs.
1.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Sivagangai, Sivagangai District.
2.Thakkar, Arulmigu Andaranachi Amman Thirukkoil, Tenkarai, Thiruppathur Taluk, Sivagangai District.
Office at Executive Officer, Arulmigu Koppudaiya Nayagi Amman Temple, Karaikudi, Sivagangai District.
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records pertaining to the impugned orders passed by the first respondent in 1/7
Se.Mu.Na.Ka.No.1472/2024/A5 dated 26.03.2025 and the consequential order passed by the second respondent dated 10.06.2025 and to quash the same as illegal.
For Petitioner : Mr.C.Jeya Prakash For R1 : Mr.S.S.Madhavan Additional Government Pleader For R2 : Mr.R.Shankar Ganesh Standing Counsel
ORDER
This writ petition has been filed challenging the order by the first respondent, dated 26.03.2025 and the consequential order passed by the second respondent dated 10.06.2025.
2. The petitioner claims to be a hereditary trustee and priest of the subject temple, namely, Arulmigu Andaranachi Amman Thirukovil, Tenkarai, Thiruppathur Taluk, Sivagangai District. In respect of the very same temple, one Mr.P.Arumugan had earlier filed a writ petition in W.P(MD)No.14868 of 2025, seeking a direction to the official respondents to appoint a fit person pursuant to his representation, dated 06.11.2024. The said writ petition stands disposed of on 03.06.2025 with the following direction: 2/7
"2. The learned Additional Government Pleader for the first respondent submits that the second respondent has already given a complaint to the first respondent, pursuant to which the steps have been taken by the second respondent to initiate proceedings against the third respondent.
3. Recording the above submission of the learned counsel for the first respondent, this writ petition is disposed of with a direction to the second respondent to proceed against the third respondent in accordance with law. It is needless to state that the third respondent shall co-operate with the second respondent. No costs."
3. However, it appears that the impugned order had already been passed on 26.03.2025 by the first respondent, whereby a fit person has been appointed, namely, the second respondent herein.
4. The learned Additional Government Pleader appearing for the first respondent has informed that although the order was passed as early as on 26.03.2025, the charge has not been handed over and that the charges will be handed over during the course of the day. The impugned order reads as under: 3/7
5. There is no indication that there is any consultation or any notice issued to the petitioner or any other persons, who were said to be in charge of the said temple before the impugned order was passed. Since the charge has not been handed over, this Court is of the view that the interests of the parties can be balanced by treating the impugned order as a show cause notice to the petitioner and others persons, who are likely to be affected by the action of appointment of fit person. The petitioner shall file a reply to the same and thereafter, fresh orders shall be passed within a period of thirty days. Subject 4/7
to the final outcome, the decision to appoint a fit person may be confirmed or deferred. It is needless to state that the petitioner and also the said P.Arumugam, petitioner in W.P(MD)No.14848 of 2025 and all other interest parties who are likely to be impacted shall be heard before passing the final order. The inspector's report has been handed over to the leanred counsel for the petitioner before this Court to enable the petitioner to file reply.
6. The writ petition stands disposed of with the above direction. No costs. Consequently, the connected miscellaneous petitions are closed. 20.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No sn Note: Issue order copy on 23.06.2025.
To 5/7
1.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Sivagangai, Sivagangai District.
2.Thakkar, Arulmigu Andaranachi Amman Thirukkoil, Tenkarai, Thiruppathur Taluk, Sivagangai District.
Office at Executive Officer, Arulmigu Koppudaiya Nayagi Amman Temple, Karaikudi, Sivagangai District.
C.SARAVANAN, J.
6/7
sn 20.06.2025 7/7