Vijayakumar v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.08.2025

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN Writ Petition(MD)No.23728 of 2025 Vijayakumar ..Petitioner Vs.

1.The Commissioner, Hindu Religious and Charitable Endowment Department, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai - 600 034.

2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Thanjavur.

3.The Executive Officer, Arulmighu Virthapureeswarar Temple, Thirupanavasal, Pudukkottai District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the first respondent to dispose of the R.P.No186 of 2023 within a stipulated time as fixed by this court.

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For Petitioner : Mr.T.Leninkumar For Respondents : Mr.S.S.Madhavan Additional Govt. Pleader (for R1 and R2) Mr.S.Mathavan Standing Counsel (for R3)

ORDER

Heard the learned counsel for the petitioner, the learned Additional Government Pleader, who takes notice for the respondents 1 and 2 and the learned standing counsel, who takes notice for the third respondent. By consent of the parties, this writ petition is taken up for final disposal at the admission stage itself.

2. This writ petition has been filed seeking a direction to the first respondent to dispose of R.P. No.186 of 2023, which is pending on the file of the first respondent.

3. According to the petitioner, in his village, there is a 200-yearold temple, namely Arulmigu Ayyanar Temple. His paternal uncle, one Ravi, had been taking care of the temple. While so, the third respondent was appointed as Executive Officer. Since the third respondent obstructed the age-old practices followed in the temple 2/5

and disturbed the peace of the village, the petitioner's paternal uncle filed an application in O.A.No.29 of 2016 on the file of the Joint Commissioner, HR & CE, Tiruchirappalli, seeking a declaration that he will be recognized as the hereditary trustee. The said application was later renumbered as O.A.No.73 of 2021 on the file of the second respondent. Pending the said application, Ravi passed away. Thereafter, the maintenance of the temple was carried out by the petitioner and Ravi's wife. Subsequently, the petitioner filed an interim application in I.A.No.05 of 2022 to implead himself as the petitioner in O.A. No.73 of 2021. After due consideration, the second respondent allowed the said application. However, the third respondent preferred a revision in R.P.No.186 of 2023 before the first respondent, which is still pending. Hence, the petitioner has approached this Court seeking disposal of the said revision petition.

4. The learned Additional Government Pleader appearing for respondents 1 and 2 submitted that R.P.No.186 of 2023 will be disposed of by the first respondent in accordance with law.

5. In view of the above submission, without expressing any opinion on the merits of the matter, the first respondent is directed to dispose of R.P.No.186 of 2023 and pass final orders on its own merits, 3/5

within a period of three months from the date of receipt of a copy of this order, after affording a reasonable opportunity of hearing to the petitioner and other interested parties, if any.

6. With the above direction, this writ petition stands disposed of. No costs.

29.08.2025 NCC : Yes/No Index : Yes/No Internet:Yes skn To 1.The Commissioner, Hindu Religious and Charitable Endowment Department, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai - 600 034.

2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Thanjavur.

3.The Executive Officer, Arulmighu Virthapureeswarar Temple, Thirupanavasal, Pudukkottai District.

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C.SARAVANAN, J.

skn Writ Petition(MD)No.23728 of 2025 29.08.2025 5/5