Sangan v. Neelamegam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 24.06.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR and C.M.P.(MD)Nos.9691 to 9693 of 2025 Sangan ... Appellant / 7th Respondent Vs.

1.Neelamegam ... 1st Respondent / Petitioner 2.The State of Tamil Nadu, Through its Secretary to Government, Hindu Religious & Charitable Endowments Department, Fort St.George, Chennai.

3.The Commissioner, Hindu Religious & Charitable Endowments Department, Chennai.

... Respondents 1 & 2 / Respondents 2 & 3 4.The Joint Commissioner, Hindu Religious & Charitable Endowments Department, Dindigul.

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5.The Assistant Commissioner, Hindu Religious & Charitable Endowment Department, Dindigul.

6.The Inspector, Hindu Religious & Charitable Endowment Department, Periyakulam Range, Dindigul District.

7.The Executive Officer / Appointee, Arulmighu Pattalaamman Muthiasamy Thirukovil, Keelatheru, Melmangalam Post, Periyakulam Taluk, Theni District.

... Respondents 4 to 7 / Respondents 3 - 6 PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, praying this Court to set aside the common impugned order dated 20.06.2025 and made in W.P.(MD)No.16860 of 2025 on the file of this Court and allow the writ appeal.

For Appellant : Mr.S.Srinivasa Raghavan For Respondents : Mr.R.Baskaran Additional Advocate General assisted by Mr.P.Subbaraj Special Government Pleader for R2 to R6 : Mr.V.Meenakshi Sundaram for Mr.M.Shanmuganathan for R1 2/8

ORDER

(Order of the Court was made by G.R.SWAMINATHAN, J.) Heard both sides.

2. The scope of this writ appeal is confined to the conduct of Kumbabishegam for Arulmighu Pattaalamman Muthiahswamy Temple, Melmangalam Village, Periyakulam Taluk, Theni District. It is to be held from 25.06.2025 to 27.06.2025. No other aspect is considered in this writ appeal.

3. A donor by name Muthupandi and Thiru.Neelamegam, Chairman of the Board of Trustee filed W.P.(MD)Nos.16807 & 16860 of 2025 respectively. Neelamegam, Chairman of the Board of the Trustee questioned the appointment of the Executive Officer. Both these writ petitions were disposed of by common order dated 20.06.2025 in the following terms:- "21. The question as to whether the petitioner and the other trustees have in fact violated the provisions of the Management and Preservation of Properties of Religious Institutions Rules or the 3/8

permission granted by the State Level Expert Committee in its 87th meeting held on 29.08.2024, can be examined independently at a later point of time.

22. Suffice it to state that the role of the Executive Officer, appointed pursuant to the impugned order dated 09.06.2025 bearing reference Se.Mu.Ni.M.No.877858/2024, is to act in tandem with the petitioner in W.P.(MD) No.16860 of 2025 and the other four trustees appointed on 13.12.2023 and aid them.

23. Consequently, as prayed for, there shall be a direction to the official respondents to ensure that the petitioner in W.P.(MD) No.16807 of 2025 is allowed to carry out the works related to the Kumbabishekam, in accordance with the letter dated 06.06.2025 issued by the third respondent.

24. The rights of the seventh respondent shall be subject to the final outcome of the order to be passed by the Commissioner in A.P.No.15 of 2024.

25. In the result, there shall be a direction to the official respondents to ensure that the Kumbabishekam is completed under the guidance and supervision of the Board of Trustees appointed on 13.12.2023.

26. The Board of Trustees, including the Executive Officer, as well as the Hindu Religious and Charitable Endowments Department, are at liberty to seek the assistance of the local police taking note of the ground reality to ensure that no untoward incident occurs during the Kumbabishekam. It is made clear that all devotees from different communities shall be allowed to participate in the Kumbabishekam festival."

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4. The donor has not chosen to file any writ appeal. It is only the appellant who was shown as 7th respondent in W.P.(MD)No.16860 of 2025 has filed this writ appeal.

5. The grievance of the appellant appears to be that Agamudaiyar Community has been excluded from participation. We do not find any substance in this grievance. This is because, the learned single Judge had made it clear that all the devotees from different communities shall be allowed to participate in the Kumbabishegam event. However, it is also seen that Neelamegam had filed one more writ petition in W.P.(MD)No. 17279 of 2025. A learned single Judge vide order dated 24.06.2025 disposed of the writ petition in the following terms:- "5.After considering the rival submissions, this Court is of the considered opinion that wherever the resolution states that the Executive Officer shall conduct, it shall be read as "the Executive Officer under the guidance and supervision of the Board of Trustees appointed on 13.12.2023".

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6. It is seen that the subject matter of challenge in W.P.(MD)No. 17279 of 2025 was the resolution made in the Peace Committee Meeting held on 23.06.2025. One of the resolution was that the members of the Board of the Trustee alone will stand before the Yagasalai. We are of the view that Thiru.Sangan who represents Agamudaiyar Community also deserves to be acknowledged and therefore, he shall also be permitted to take his place along with the Board of the Trustee in front of the Yagasalai. The outcome of this writ appeal will not come in the way of the writ petitioner herein from pursuing their challenge against the appointment of the Executive Officer.

7. The Writ Appeal is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. (G.R.S., J.) (K.R.S., J.) 25.06.2025 rmi Index : Yes / No Internet : Yes / No NCC : Yes / No rmi NOTE:Issue Order Copy on 25.06.2025.

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1.The Secretary to Government, Hindu Religious & Charitable Endowment Department, Fort St.George, Chennai.

2.The Commissioner, Hindu Religious & Charitable Endowment Department, Chennai.

... Respondents 1 & 2 / Respondents 2 & 3 3.The Joint Commissioner, Hindu Religious & Charitable Endowment Department, Dindigul.

4.The Assistant Commissioner, Hindu Religious & Charitable Endowment Department, Dindigul.

5.The Inspector, Hindu Religious & Charitable Endowment Department, Periyakulam Range, Dindigul District.

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G.R.SWAMINATHAN, J.

AND K.RAJASEKAR, J.

rmi 25.06.2025 8/8