Sakthikumar Pattar v. The Commissioner ,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.08.2025
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P(MD)No.16749 of 2025 Sakthikumar Pattar ... Petitioner Vs.
1.The Commissioner, Hindu Religious and Charitable Endowment Board, Chennai - 34.
2.The Joint Commissioner, Hindu Religious and Charitable Endowment Board, Ellis Nagar, Madurai.
3.The Assistant Commissioner, Hindu Religious and Charitable Endowment Board, Virudhunagar, Virudhunagar District.
4.The Inspector, H.R. and C.E. Department, Virudhunagar District.
...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 and quash the impugned order in Na.Ka.No.1706/2024/Aa1 passed by the second respondent dated 09.07.2025 as illegal and further issue direction to the 1/6
respondents 1 to 3 to appoint the Petitioner as one of the Hereditary Trustee of the Arulmigu Kumaran alias Subramaniya Swamy Thirukovil, Ellinganaickenpatti, Senkundrapuram Post, Virudhunagar District, based on the petitions already submitted by the petitioner to recognise him as hereditary trustee within a time frame to be stipulated by this Court. For Petitioner : Mr.S.Kishore Kumar For Respondents : Mr.S.S.Madhavan Additional Government Pleader
ORDER
This writ petition has been filed challenging the impugned order passed by the second respondent dated 09.07.2025 and consequential direction to the respondents 1 to 3 to appoint the petitioner as one of the Hereditary Trustee of the Arulmigu Kumaran alias Subramaniya Swamy Thirukovil, Ellinganaickenpatti, Senkundrapuram Post, Virudhunagar District, based on the petitions already submitted by the petitioner to recognise him as hereditary trustee.
2. The petitioner claims to be the nephew of one Sagasthira Kodi Pattar, who was one of the Hereditary Trustees of the aforesaid Temple, which according to the petitioner is not a listed temple. It is submitted that the 2/6
petitioner's paternal uncle, namely, Sagasthira Kodi Pattar, died on 05.03.2017. Therefore, the petitioner or his father, namely, Kalyanasundara Pattar are entitled to step into the Hereditary Trustee. However, the request has not been considered.
3. The learned Additional Government Pleader for the respondents submits that a notice was issued on 13.04.2025, calling upon the petitioner to produce necessary documents to substantiate the legal heirs of the deceased Sagasthira Kodi Pattar. However, the petitioner has not furnished the same.
4. It is submitted that the impugned order has been passed, wherein the respondents have submitted that in case the petitioner fails to furnish the required information, steps may be taken for appointing a fit person.
5. The learned counsel for the petitioner submits that necessary certificate and documents have already been furnished. However, no decision has been taken.
6. Considering the above submission, there is no scope for quashing the impugned communication, which is nothing but a show cause notice as to 3/6
why the request of the petitioner should not be rejected in the absence of the necessary documents/credentials for the petitioner or his father to step in the place on Sagasthira Kodi Pattar who died on 05.03.2017.
7. According to the petitioner, the petitioner has furnished the required documents. The petitioner is directed to furnish the same and obtain acknowledgment.
8. Therefore, there shall be a direction to the second respondent/Joint Commissioner to pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order. It is needless to state that before passing any order, the petitioner shall be heard.
9. The writ petition stands disposed of. No costs. Consequently, the connected miscellaneous petition is closed.
08.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No sn 4/6
To 1.The Commissioner, Hindu Religious and Charitable Endowment Board, Chennai - 34.
2.The Joint Commissioner, Hindu Religious and Charitable Endowment Board, Ellis Nagar, Madurai.
3.The Assistant Commissioner, Hindu Religious and Charitable Endowment Board, Virudhunagar, Virudhunagar District.
4.The Inspector, H.R. and C.E. Department, Virudhunagar District.
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C.SARAVANAN, J.
sn W.P(MD).No.21649 of 2025 08.08.2025 6/6