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Madras High CourtWP(MD)/21994/2025dismissed

K.Venkatesan v. The Commissioner,

2025-08-12Honourable Mr Justice C. Saravanan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P.(MD) Nos.17089, 17090 & 17091 of 2025

1. K.Venkatesan

2. N.Kumaraguru

3. S.Ramachandran

4. C.Shanmugathai

5. P.Vengatesh.

... Petitioners Vs

1. The Commissioner, Hindu Religious and Charitable Endowments Department, Chennai - 24.

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

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

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4. A.Muthupandi

5. R.Madasami

6. K.Karuppaiah

7. K.Perumal

8. M.Ramalingam

9. R.Balan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari to call for the records relating to the impugned order passed by the second respondent in proceedings vide O.A.No.6/2023, dated 03.04.2025 and to quash the same as illegal and arbitrary. For petitioner : Mr. S.Ramanathan For respondents : Mr.S.S.Madhavan Additional Government Pleader for R1 to R3 Mr.Raja Karthikeyan for R4 to R9 *****

ORDER

This Writ Petition is disposed of at the time of admission with the consent of the learned counsel for the petitioner, the learned Additional Government 2/5

Pleader for the respondents 1 to 3 and the learned counsel for the respondents 4 to 9.

2. The petitioner has challenged the impugned order passed in O.A.No.6 of 2023 dated 03.04.2025, whereby the petitioners' aforesaid application filed under Section 63(b) of the TN HR & CE Act, 1959 to declare the petitioners as the Hereditary Trustees has been rejected. The petitioners have an alternative remedy by way of an appeal under Section 69(1) of the TN HR & CE Act, 1959.

3. Considering the same, this Writ Petition is liable to be dismissed. However, liberty is given to the petitioners to pursue the alternative remedy before the Appellate Authority/first respondent under Section 69(1) of the TN HR & CE Act, 1959. Therefore, there shall be a direction to the Commissioner/first respondent to entertain the appeal, if such an appeal is filed by the petitioners within a period fifteen (15) days from the date of receipt of a copy of this order.

4. The Commissioner/first respondent shall dispose of the appeal on its turn without reference to the limitation for filing the above appeal. 3/5

5. This Writ Petition is dismissed, with the above liberty. No costs. W.M.P. (MD) No.17089 of 2025 is allowed. Consequently, connected miscellaneous petitions are closed.

Index : Yes / No 12.08.2025 Internet : Yes / No apd To

1. The Commissioner, Hindu Religious and Charitable Endowments Department, Chennai - 24.

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

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

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C.SARAVANAN, J.

apd 12.08.2025 5/5