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Madras High CourtWP(MD)/21770/2025disposed of

Meenakshi Sundaram v. The Commissioner

2025-08-08Honourable Mr Justice C. Saravanan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.08.2025

CORAM

THE HON'BLE MR.JUSTICE C. SARAVANAN and W.M.P.(MD) No.16855 of 2025 Meenakshi Sundaram ... Petitioner Vs.

1.The Commissioner, Hindu Religious and Charitable Endowments Department, 119, Uthamar Gandhi Salai, Thousand Lights West, Nungambakkam, Chennai.

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

3.Sri Karpaga Vinayagar Temple, Represented by its Hereditary Trustee, P.K.N.K.Trust, Pillaiyarpatti.

Sivagangai District.

4.R.Ravichandran ... Respondents [The 4th respondent is impleaded vide separate order passed today in W.M.P.(MD) No.17111 of 2025.] Page No. 1 of 6

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the first and second respondents to implement the orders of the second respondent dated 08.02.2021 and 07.12.2021 and thereby permitting the petitioner N.K. family to participate in the meeting to be held on 11.08.2025 and subsequent future date by sending communication to the petitioner N.K. family as per the order of the second respondent dated 08.02.2021. For Petitioner : Mr.J.Anandkumar For R1 & R2 : Mr.S.S.Madhavan Additional Government Pleader For R3 : Mr.V.R.Shanmuganathan For R4 : Mr.S.Vashik Ali

O R D E R

This Writ Petition has been filed for the issuance of a mandamus directing the third respondent to comply with the orders of the second respondent dated 08.02.2021, bearing reference Na.Ka.No. 3940/2020-1/Aa1, and dated 07.12.2021, bearing reference Na.Ka.No. 3940/2020/Aa1, by permitting the petitioner's N.K. family to participate in the meeting to be held on 11.08.2025 and on subsequent future dates, by sending due communication to the petitioner's N.K. family. Page No. 2 of 6

2. The learned counsel for the petitioner submits that, despite two orders passed by the second respondent, Joint Commissioner, in respect of the meeting proposed to be held on 11.08.2025, the third respondent has not invited the petitioner's family.

3. On the other hand, the learned counsel for the third respondent, Board of Trustees of the temple, submits that there is an inter se dispute between the petitioner and the newly impleaded respondent, i.e., the fourth respondent, and there is commotion.

4. It is submitted that, in connection with the Vinayakar Chathurthi on 27.08.2025, the temple festival will have to commence 10 days prior, i.e., on 17.08.2025, and several decisions have to be made. Therefore, in the interest of the temple festival, which has been held from time immemorial, no notice has been issued to the petitioner's family.

5. On the other hand, the learned counsel for the newly impleaded fourth respondent submits that the order that was passed on 08.02.2021 by the second respondent, Joint Commissioner, was without proper notice to the fourth respondent, despite the representation dated 08.01.2021 Page No. 3 of 6

submitted by the fourth respondent.

6. A reading of the order dated 08.02.2021 indicates that all the parties were heard. Therefore, it is not open for the fourth respondent to object to the same.

7. Be that as it may, it is for the third respondent to conduct the temple festival in the ordinary manner. The petitioner shall be permitted to participate in the deliberations and the meeting proposed to be held on 11.08.2025 in connection with the temple festival, which is to commence on 17.08.2025 and culminate with the Vinayakar Chathurthi on 27.08.2025, and thereafter.

8. Under these circumstances, this Court is inclined to direct the third respondent to proceed with the proposed meeting on 11.08.2025 among the 48 pullis. The third respondent, at its discretion, may take the assistance of the police, if so desired.

9. The newly impleaded fourth respondent may nominate persons to participate in the deliberations and the meetings on 11.08.2025. However, they shall not vitiate the proceedings of the meeting to be held on Page No. 4 of 6

11.08.2025 by the third respondent.

10. In the result, this Writ Petition stands disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed. 08.08.2025 (2/2) JEN Index : Yes Internet : Yes To 1.The Commissioner, Hindu Religious and Charitable Endowments Department, 119, Uthamar Gandhi Salai, Thousand Lights West, Nungambakkam, Chennai.

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

C.SARAVANAN , J.

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JEN 08.08.2025 (2/2) Page No. 6 of 6