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Madras High CourtWP(MD)/16425/2026disposed of

Mangayarkarasi P v. The Additional Chief Secretary To Government

2026-06-16Honourable Mr Justice D.Bharatha Chakravarthy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 16.06.2026

CORAM

THE HONOURABLE MR JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.(MD).No.12262 of 2026

1. Mrs.P.Mangayarkarasi

2. Mr.N.Balaji

3. Mrs.N.Kasthoori

4. Mrs.M.Parvathi

5. Mr.Kootharasan ... Petitioners Vs.

1. The Additional Chief Secretary to Government Tourism Culture and Hindu Religious & Charitable Endowments Department, Fort St.George, Chennai - 600 009.

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

3. The Joint Commissioner, Mayiladuthurai.

4. The Assistant Commissioner, Kumbakonam, Thanjavur District.

5. Haridevi S

...Respondents

Prayer: Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus directing the respondents 1 to 4 to consider and pass appropriate orders on the petitioners detailed representation dated 16.12.2025 within a time frame to be fixed by this Honble Court and pass such further or other orders as this Honble court may deem fit and proper in the circumstances of this case and thus render justice.

For Petitioner : M/s.B.Rukmani For R1 to R4 : M/s.P.Sudarkodi Nachiar Government Standing Counsel For R5 : Dr.C.Gunaseelarupan Standing Counsel

ORDER

The writ petition is filed for a mandamus directing the respondents to consider the representation of the petitioners dated 16.12.2025 within the time frame to be fixed by this Hon'ble Court.

2. Heard Mr.B.Rukmani, learned counsel appearing for the petitioners, M/s.P.Sudarkodi Nachiar, learned Government Standing Counsel, who takes notice on behalf of R1 to R4 and Dr.C.Gunaseelarupan, learned counsel who takes notice on behalf of R5.

3. I have heard the learned counsel appearing on either side and perused the material records of the case.

4. The learned counsel appearing for the petitioners would submit that, by a representation dated 16.12.2025, the petitioners brought to the notice of the authorities certain allegations against the hereditary trustees relating to the alleged misappropriation of income derived from the temple properties and other connected issues.

5. When the matter came up for hearing today, the learned counsel appearing on behalf of the 5th respondent/hereditary trustee would submit that a similar prayer had already been made by another person in W.P.(MD) No.11866 of 2026, and this Court, by order dated 22.04.2026, directed the respondents to conduct an enquiry and pass appropriate orders.

6. The learned Government Standing Counsel appearing on behalf of respondents 1 to 4 would submit that the petitioners have already been categorized as encroachers. Insofar as the allegations against the hereditary trustee are concerned, a show cause notice has already been issued to the hereditary trustee seeking his explanation.

7. In view thereof, the writ petition disposed of on the following terms:- i. This court is not deciding about the encroachment of the petitioner is concerned.

ii. Since allegations have been made against the hereditary trustee with regard to the misappropriation of temple property and its income, a due enquiry shall be conducted on the basis of the petitioner's representation.

iii. If a show cause notice has already been issued in respect of the very same allegations, the exercise need not be repeated. However, if the petitioner has raised any additional or distinct allegations, an enquiry with reference thereto shall also be conducted. If a prima facie case is made out, an appropriate supplementary show cause notice may be issued to the hereditary trustee, and orders shall thereafter be passed in accordance with law.

iv. The aforesaid excise shall be completed within a period of three months from the date of receipt of a web copy of the order. v. No costs. Consequently, connected miscellaneous petition is closed.

16.06.2026 rgm

D.BHARATHA CHAKRAVARTHY , J.

rgm To

1. The Additional Chief Secretary to Government Tourism Culture and Hindu Religious & Charitable Endowments Department, Fort St.George, Chennai - 600 009.

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

3. The Joint Commissioner, Mayiladuthurai.

4. The Assistant Commissioner, Kumbakonam, Thanjavur District.

and W.M.P.(MD).No.12262 of 2026 16.06.2026