P.M.Valmiki Maharishi v. The Joint Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.07.2025

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P(MD) No.18586 of 2025 and W.M.P(MD) No.14237 of 2025 P.M.Valmiki Maharishi ... Petitioner Vs.

1.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, K.S.Kumaran Muthusamy Nagar B Colony, Sivagangai, 2.The Deputy Commissioner, Hindu Religious and Charitable Endowments Department, Madurai.

3.Meiyyan, S/o. Chellam, Door No. 586, Puluthipatti, Kizhakku Kalam, Singampunari Taluk, 4.Ganesan, S/o. Chellam, Door No. 325, Puluthipatti, Vadakalam, Singampunari Taluk, 1/6

5.Kodumba Thevan, S/o. Chellam, Door No. 1/325, Puluthipatti, Vadakalam, Singampunari Taluk,

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records relating to the petition filed by the respondents 3 to 5 in M.P.No.5 of 2023 on the file of the 1st respondent and to strike off the same. For Petitioner : Mr.V.Sasi Kumar For R1 and R2 : Mr.S.S.Madhavan Additional Government Pleader For R3 to R5 : Mr.M.Saravanan

ORDER

This Writ Petition is disposed of at the time of admission after hearing the learned counsel for the petitioner and the learned Additional Government Pleader appears on behalf of the respondent Nos.1 and 2 and the learned counsel for the respondent Nos.3 to 5.

2. The petitioner has challenged the proceedings initiated under Section 54(1) of Tamil Nadu HR and CE, 1959. The third respondent claims that they 2/6

are entitled to succeed as heridatry trustees of Poisolla Mei Ayyanar Thirukovil, Chettikurichi Village, pursuant to death of his father late Chellam Poosari, who died on 12.04.2023.

3. The petitioner on the other hand has filed this Writ Petition stating that the Poisolla Mei Ayyanar Thirukovil, Chettikurichi Village is a village temple and it is not come under the control of HR and CE department. Further, the respondent Nos.3 to 5 have no right to step in as heridatry trustee.

4. It is further submitted by the learned counsel for the petitioner that the order passed in O.A. No.35 of 1977, dated 03.03.1987, was obtained behind the back of the villagers, and as such, its continuance results in injustice.

5. In case, the order in O.A.No.35 of 1977, dated 03.03.1987 was obtained behind the back of the petitioner and villagers, it is open for the petitioner to have the said order declared as null and void and not binding on the petitioner in an appropriate proceeding. It is also equally open for the petitioner to oppose the proceedings in M.P.No.5 of 2023 in the manner known to law.

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6. Since the petitioner is objecting the order to be passed in M.P.No.5 of 2023 on the file of the first respondent, it is open for the petitioner to implead himself as respondent in M.P.No.5 of 2023 within a period of 15 days from the date of receipt of copy of this order, failing which, M.P. No.5 of 2023 shall be disposed of on merits based on the order passed in O.A.No.35 of 1977 by then Deputy Commissioner, HR and CE Department, dated 03.03.1987.

7. With the above direction and liberty, this Writ Petition is dismissed. Consequently, connected Miscellaneous Petition is disposed of. No costs. 09.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Indu 4/6

To 1.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, K.S.Kumaran Muthusamy Nagar B Colony, Sivagangai, 2.The Deputy Commissioner, Hindu Religious and Charitable Endowments Department, Madurai.

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C.SARAVANAN, J.

Indu W.P(MD).No.18586 of 2025 09.07.2025 6/6