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Madras High CourtWP(MD)/21947/2025disposed of

Karuppaiah v. The Commissioner

2025-08-12Honourable Mr Justice C. Saravanan8 pages

C.SARAVANAN.,J This Writ Petition is listed today under the caption "for being mentioned".

2. The learned counsel for the petitioner submits that certain corrections in para No.3 of the order, dated 12.08.2025.

3. In view of the same, para No.3 of the order, dated 12.08.2025 is modified as follows:

"3. The learned counsel for the petitioner submits that the petitioner has been maintaining the temple for the last five years and he has spent Rs.15,00,000/- in connection with the Chathurthi Festival since 2021."

4. Further, in para 5 of the said order, the following direction is to be added: "The official respondents are directed to ensure that there is no untoward incidents during the celebration of the temple festival (Chathurthi Festival)."

5. Registry is directed to issue a fresh order copy with the aforesaid corrections. 13.08.2025 apd 1/8

C.SARAVANAN, J.

apd W.P.(MD) No. 21947 of 2025 13.08.2025 2/8

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.08.2025

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P(MD)No.21947 of 2025 and W.M.P(MD)No.17034 of 2025 Karuppaiah ... Petitioner Vs.

1.The Commissioner, Hindu Religious and Charitable Endowments Department, No. 199, Uthamar Gandhi Salai, Nungambakkam, Chennai - 34.

2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Sivagangai, Sivagangai District.

3.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Sivagangai, Sivagangai District.

4.The Inspector, Hindu Religious and Charitable Endowments Department, Muthusamy Nagar, Thiruppathur, Sivagangai District.

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5.M.Perumal 6.S.Narayanan Chettiyar

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, forbearing the respondents1 to 6 from interfering in the management of the temple, Sri Arulmighu Naduvatru Marutham Pillaiyar Thirukkovil situated at Kandaramanickam, Thiruppathur taluk, Sivagangai district by considering the petitioner's representation dated 07.02.2025 within time frame as fixed by this Court.

For Petitioner : Mr.A.Robinson For R1 to R4 : Mr.S.S.Madhavan Additional Government Pleader

ORDER

This writ petition has been filed for a writ of Mandamus to forbear the respondents from interfering in the management of the temple, Sri Arulmighu Naduvatru Marutham Pillaiyar Thirukkovil situated at Kandaramanickam, Thiruppathur taluk, Sivagangai district by considering the petitioner's representation dated 07.02.2025.

2. It is the case of the petitioner that at the behest of the fifth respondent who is politically influential, the respondents have appointed a non-hereditary trustee by 4/8

proceedings dated 02.01.2025 bearing reference nr.K.e.f.vz;.2794/2024/m5> although the subject temple is not a listed temple under Section 49(1) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959.

3. The learned counsel for the petitioner submits that the petitioner has been maintaining the temple for the last five years and he has spent Rs.15,00,000/- in connection with the Aadi festival to be held between 17.08.2025 and 27.08.2025.

4. The learned Additional Government Pleader for the respondents 1 to 4 submits that the order of the Assistant Commissioner appointing the non-hereditary trustee by proceedings dated 02.01.2025 bearing nr.K.e.f.vz;.2794/2024/m5 has not been subject to any challenge. That apart, it is submitted that the petitioner has also filed O.A.No.5 of 2025 before the Joint Commissioner under Section 63(b) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, to recognise the petitioner as the Trustee of the subject Temple. It is therefore submitted that the writ petition is liable to be dismissed.

5. Having considered the submissions made by the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents 1 to 4 5/8

and recording the submission of the learned counsel for the petitioner that the petitioner has purportedly spent huge amount in connection with the proposed temple festival from 17.08.2025 to 27.08.2025 out of his own funds without contribution from the Public, I direct the second respondent to consider the petitioner's representation dated 07.02.2025 and pass appropriate orders on 13.08.2025, pending further orders in the application filed by the petitioner in O.A.No.5 of 2025.

6. As far as the proposed festival from 17.08.2025 to 27.05.2025 is concerned, the Joint Commissioner shall duly record the amounts purportedly spent by the petitioner out of his own pocket without any contribution from the public.

7. The writ petition stands disposed of. No costs. Consequently the connected miscellaneous petition is closed.

12.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No sn To 1.The Commissioner, 6/8

Hindu Religious and Charitable Endowments Department, No. 199, Uthamar Gandhi Salai, Nungambakkam, Chennai - 34.

2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Sivagangai, Sivagangai District.

3.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Sivagangai, Sivagangai District.

4.The Inspector, Hindu Religious and Charitable Endowments Department, Muthusamy Nagar, Thiruppathur, Sivagangai District.

C.SARAVANAN, J.

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sn W.P(MD).No.21947 of 2025 12.08.2025 8/8