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Madras High CourtWP(MD)/18208/2025disposed of

Shanmugavel v. The Joint Commissioner

2025-07-04Honourable Mr Justice C. Saravanan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.07.2025

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN Shanmugavel .. Petitioner Vs.

1.The Joint Commissioner, HR and CE, Thiruchirappalli.

2.The Fit Person, Arulmighu Vedanarayan Perumal Thirukoil, Thirunarayanapuram, Thottiyam Taluk, Thiruchirappalli District.

3.The Executive Officer, Arulmighu Vedanarayan Perumal Thirukoil, Thirunarayanapuram, Thottiyam Taluk, Thiruchirappalli District.

4.The Inspector of Police, Thottiyam Police Station, Thiruchirappalli District.

.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the respondents 1 to 3 herein to take all steps to implement the order of the 3rd respondent dated 17.12.2024 herein in

her proceedings for handing over the Rajagopuram keys of Arulmighu Veda Narayanperumal Thirukovil, Thirunarayanapuram, Thottiyam Taluk, Thiruchirappalli District to the petitioner.

For Petitioner : Mr.V.R.Shanmuganathan For R-1 to R-3 : Mr.S.S.Madhavan Additional Government Pleader For R-4 : Mr.K.Sanjai Gandhi Government Advocate (Crl. Side)

ORDER

This Writ Petition is filed for Mandamus to direct the respondents 1 to 3 herein to take all steps to implement the order of the third respondent dated 17.12.2024 in her proceedings for handing over the Rajagopuram keys of Arulmighu Veda Narayanperumal Thirukovil, Thirunarayanapuram, Thottiyam Taluk, Thiruchirappalli District to the petitioner.

2. The petitioner claims to be the hereditary service holder recognized by the Hindu Religious and Charitable Endowments Department, after the petitioner's brother was suspended on 22.12.2022 on account of certain allegations against him. Thereafter, the petitioner was recognized as a hereditary service holder on 14.10.2024 by the third respondent/Executive Officer. By an

order dated 17.12.2024, the third respondent had directed the employees to hand over the keys of the subject temple to the petitioner.

3. It is informed that the guards, who are employees of the Hindu Religious and Charitable Endowments Department, are however refusing to hand over the keys. It is noticed that in the aforesaid proceedings dated 17.12.2024 itself, the Executive Officer has informed that steps will be taken under Section 56(1) of the Hindu Religious and Charitable Endowments Act for insubordination by the guards, who had been deployed by the Hindu Religious and Charitable Endowments Department to guard the temple. It appears that the third respondent has also approached the fourth respondent with a complaint on 19.12.2024. However, no case has been registered so far. It is noticed that the guards, who have been deputed to guard the temple and the deity, by their letters dated 20.01.2025, have given an undertaking to hand over the temple keys before the third respondent. However, they have not complied with the same.

4. The conduct of the guards would amount to insubordination and therefore, they are liable to be proceeded under Section 56 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959. Consequently, there shall be a direction to the fourth respondent to depute the police personnel to

hand over the temple keys to the petitioner in the presence of the third respondent. This exercise shall be completed within a period of one (1) week from today. The Hindu Religious and Charitable Endowments Department is at liberty to initiate appropriate proceedings against the guards, who are disobeying the orders of the third respondent/Executive Officer of the temple. It is also open for the third respondent to initiate appropriate proceedings against the guards under the provisions of the Hindu Religious and Charitable Endowments Act and Bharatiya Nyaya Sanhita, 2023, for any offences.

5. With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

04.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm To 1.The Joint Commissioner, HR and CE, Thiruchirappalli.

2.The Inspector of Police, Thottiyam Police Station, Thiruchirappalli District.

C.SARAVANAN,J.

Lm 04.07.2025