Neelamegam v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.07.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE K.RAJASEKAR and C.M.P(MD)No.10392 of 2025 Neelamegam ... Appellant / Petitioner Vs.

1.The State of Tamil Nadu Through its Secretary to Government, Fort St.George, Chennai.

2.The Commissioner, Chennai.

3.The Joint Commissioner, Dindigul.

4.The Assistant Commissioner, Dindigul.

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5.The Inspector, Periyakulam Range, Dindigul District.

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

7.Sangan ... Respondents / Respondents Prayer: Writ Appeal filed under Clause 15 of the Letters Patent to set aside the judgment dated 20.06.2025 in W.P(MD)No.16860 of 2025 on the file of this Court.

For Appellant : Mr.V.R.Shanmuganathan For Respondents : Mr.P.Subbaraj Special Government Pleader for R.1 to R.6

JUDGMENT

(By G.R.SWAMINATHAN, J.) Heard both sides.

2.The appellant challenges the order dated 09.06.2025 passed by the Commissioner, HR&CE appointing an Executive Officer for the petition mentioned Temple. The prime ground of attack is that the final order rests on 2/5

premises that were not reflected in the show cause notice. The learned single Judge rightly relegated the appellant to avail the alternative remedy. Since in this case, the order was passed by the Commissioner, the appellant should have been asked to go before the Government by filing a review under Section 114 of Hindu Religious and Charitable Endowments Act, 1959. We grant such liberty to the appellant.

3.The learned counsel for the appellant states that such a review will be filed within a period of four weeks from the date of receipt of a copy of this order. If such a review is filed within the time limit mentioned above, the order impugned in the writ petition will be put on hold and kept in abeyance mtill the disposal of the review. We make it clear that we have not gone into the merits of the matter. If the appellant fails to file within the aforesaid time-limit, he cannot claim any benefit under this order.

4.This Writ Appeal is disposed of accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. [G.R.S., J.] [K.R.S., J.] 04.07.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA 3/5

To 1.The Secretary to Government, Fort St.George, Chennai.

2.The Commissioner, Chennai.

3.The Joint Commissioner, Dindigul.

4.The Assistant Commissioner, Dindigul.

5.The Inspector, Periyakulam Range, Dindigul District.

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

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G.R.SWAMINATHAN, J and K.RAJASEKAR, J.

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