Neelamegam 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.16737 of 2025 Neelamegam, Chairman, Board of Trustees, Arulmighu Pattaalamman Muthiahswamy Thirukovil, Keelatheru, Melamangalam Post, Perivakulam Taluk, Theni District.
... Petitioner Vs.
1.The Commissioner, Hindu Religious and Charitable Endowments Department, Chennai.
2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Dindigul.
3.The District Collector, Theni.
4.The Superintendent of Police, Theni.
...Respondents
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Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 and 2 to grant permission for Mandalabhisekam scheduled on 14.08.2025 as requested by the petitioner in his letter dated 25.07.2025 and grant necessary permission for all the works to be carried out in the temple as requested by the petitioner in his letters dated 22.07.2025 and direct the respondents 3 and 4 to grant necessary and requisite assistance to the trust board. For Petitioner : Mr.V.R.Shanmuganathan For R1 to R3 : Mr.S.S.Madhavan Additional Government Pleader For R4 : Mr.K.Sanjai Gandhi Government Advocate (Crl.Side) For Intervener : Mr.S.Madhavan
ORDER
This writ petition has been filed for a writ of Mandamus to direct the respondents 1 and 2 to grant permission for Mandalabhisekam on 14.08.2025 by considering the petitioner's request vide letter dated 25.07.2025 and grant necessary permission for all the works to be carried out in the temple by considering the petitioner's request vide letter dated 22.07.2025 and direct the respondents 3 and 4 to grant necessary and requisite assistance to the trust board.
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2. The appointment of an Executive Officer under Section 45 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, was challenged by one K.Muthupandi and by the petitioner before this Court in WP(MD)Nos.16807 and 16860 of 2025, wherein this Court held that the decision was to be reconsidered upon the representation of the petitioner and other trustees. The relevant portion of the order dated 20.06.2025 reads as under:
"19. However, the continuation of the Executive Officer appointed vide the impugned order dated 09.06.2025 bearing reference Se.Mu.Ni.M.No.877858/2024 after the Kumbabishekam is over on 27.06.2025 shall be re-considered upon receipt of a representation from the petitioner and the other trustees. It shall be considered by the Commissioner independently as to whether the presence of the said Executive Officer is required in the peculiar facts and circumstances of the case.
20. Therefore, the petitioner and the other four trustees shall give a representation within a period of 30 days from the date of conclusion of the Kumbabishekam on 27.06.2025. In case such a representation is given, the Commissioner shall examine the records afresh and thereafter proceed to pass a fresh order after issuing an appropriate show cause notice."
3. However, the subject matter was sought to be diluted during a peace committee meeting held before the Sub Collector on 23.06.2025. The petitioner had therefore successfully challenged the same before this Court in 3/7
W.P(MD)No.17279 of 2025.
4. The earlier order of this Court in W.P(MD)No.16860 of 2025 dated 20.06.2025 was challenged before the Division Bench of this Court in W.A(MD)No.1737 of 2025. The Division Bench of this Court held that the appellant therein, namely Sangan who represents Agamudiyar Community also deserves to be acknowledged and therefore he shall also be permitted to be present along with the Board of Trustees in the Yagasalai during the Kumbhabishekam.
5. The petitioner has now approached this Court stating that the Kumbabhisekam of the Temple was conducted on 27.06.2025 and the culmination of the Kumbabhisekam on the 48th day in the form of Mandalabhisekam is yet to be conducted on 14.08.2025. Therefore, the petitioner seeks a direction to the official respondents to permit him to conduct the Mandalabhisekam
6. Mr.S.Madhavan, learned counsel for the Intervener namely Mr.Sangam, submits that Mr.Sangan will also be allowed to be present during the Mandalabhisekam.
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7. The learned Additional Government Pleader for the respondents 1 to 3 submits that no further orders are required to be passed as Hindu Religious and Charitable Endowments Department is not creating hurdles for conducting the Mandalabhisekam.
8. Considering the above submission, as far as the Mandalabhisekam is concerned, there shall be no impediment for conducting the Mandalabhisekam. Therefore, the respondents are directed to facilitate the presence of the petitioner as also Mr.Sangan to be present during the Mandalabhisekam scheduled to be held on 14.08.2025.
9. As far as prayer for necessary permission to carry out work is concerned, the learned Additional Government Pleader for the respondents 1 to 3 submits that the petitioner is required to submit proper estimate and quotation and thereafter, the petitioner's representation will be considered.
10. Therefore, the petitioner is directed to submit the necessary quotation and estimate, which shall be considered by the second respondent. 5/7
It is open to Mr.Sangan to submit an appropriate representation before the second respondent in connection with the proposed renovation work. If desired, the respondents are at liberty to seek the assistance of the police.
11. 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 To 1.The Commissioner, Hindu Religious and Charitable Endowments Department, Chennai.
2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Dindigul.
3.The District Collector, Theni.
4.The Superintendent of Police, Theni.
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C.SARAVANAN, J.
sn W.P(MD).No.21637 of 2025 08.08.2025 7/7