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Madras High CourtWP(MD)/24346/2025disposed of

Saadhu Sennimalai Thambiran Swami Madam (Trust) Palani, v. The Joint Commissioner,

2025-09-09Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.24346 OF 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.09.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.24346 of 2025 AND W.M.P.(MD)No.19096 & 19097 of 2025 Saadhu Sennimalai Thambiran Swami Madam (Trust) Palani Rep. by Gopinath, S/o.T.S.Palanisamy, Hereditary Trustee, Door No.156, Dindigul Road, Palani, Dindigul District.

... Petitioner Vs.

1. The Joint Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment Department, Dindigul.

2. The Executive Officer, Arulmighu Gopinathasamy Temple, Reddiar Chathiram, Dindigul District.

3. The Deputy Commissioner, A/M.Dhandayuthapani Samy Temple, Palani Taluk, Dindigul District.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the first respondent dated 24.04.2015 in proceeding Se.Mu.Na.Ka.No.3052/2015/AA1, quash the same, as the 1/4

2 W.P.(MD)NO.24346 OF 2025 same is arbitrary, ultravires in colorable exercise power, in violation of the principles of natural justice, audi alteram partem and consequently direct the first respondent to dispose of O.A.No.24 / 2024 pending on the file of the first respondent. For Petitioner : Mr.R.G.Shankar Ganesh For R-1 & R-2 : Mr.P.Subbaraj, Special Government Pleader.

For R-3 : Mr.R.Murali * * *

O R D E R

Heard both sides.

2. The petitioner challenges the impugned order appointing fit person for the petition-mentioned trust. I have held on more than one occasion that fit person cannot be there permanently. It can only be a stopgap arrangement. However, on that ground, I am not in a position to interfere for the simple reason that the writ petitioner's locus is yet to be established. Admittedly, the petitioner filed O.A.No. 24 of 2024 before the Joint Commissioner under Section 63(b) of Tamil HR&CE Act to establish himself as a hereditary hereditary trustee. Till the disposal of the said OA, it will not be appropriate to interfere with the existing arrangement.

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3 W.P.(MD)NO.24346 OF 2025

3. Considering the special facts and circumstances, I direct the first respondent to conclude the proceedings as already directed by this Court vide order dated 19.06.2025 in W.P.(MD)No.16626 of 2025. This writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 09.09.2025 NCS : Yes / No Index : Yes / No Internet : Yes/ No PMU To:

1. The Joint Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment Department, Dindigul.

2. The Executive Officer, Arulmighu Gopinathasamy Temple, Reddiar Chathiram, Dindigul District.

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4 W.P.(MD)NO.24346 OF 2025 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.24346 of 2025 09.09.2025 4/4