Madras High CourtWP(MD)/18727/2025allowed

R.Balakrishnan v. The Joint Commissioner

2025-11-12Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.11.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN & W.M.P.(MD)No.14355 of 2025 R.Balakrishnan ... Petitioner Vs.

1.The Joint Commissioner, HR & CE, Thanjavur.

2.P.Muthukrishnan ... 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 impugned proceedings dated 18.06.2025 passed by the 1st respondent in IA.No.29 of 2025 in OA.No.16 of 2024 and quash the same. For Petitioner : Mr.V.R.Shanmuganathan For Respondents : Mr.G.Suriya Ananth Additional Government Pleader for R1 : Mr.N.Ananda Kumar for R2 1/4

ORDER

Heard both sides.

2. The office of the trustee of the petition mentioned temple had been declared as hereditary. The writ petitioner herein filed an application under Section 54(b) of the Tamil Nadu HR & CE Act to record him as a trustee in the place of the previous trustee who was none other than his own father. The petitioner's father has given no objection for the petitioner to recognise him as trustee. In that application, the second respondent herein filed M.P. for getting himself impleaded. The said impleading petition was allowed by the authority vide order dated 18.06.2025. Challenging the same, this writ petition has been filed.

3. The scope of the petition before the authority was to consider whether the writ petitioner's name can be entered as trustee. Admittedly, the second respondent herein is not a rival claimant. He was neither a necessary nor an interested party. Only if a person is a necessary or an interested party, he or she can be impleaded as party respondent. Such is not the case here. 2/4

4. On this sole ground, the impugned order is quashed. The writ petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

12.11.2025 Index : Yes / No Internet : Yes/ No rmi To The Joint Commissioner, HR & CE, Thanjavur.

G.R.SWAMINATHAN, J.

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