R.Kanagaraj v. The Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.09.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)No.18938 of 2025 R.Kanagaraj ... Petitioner Vs.
1.The Commissioner, Hindu Religious & Charitable Endowments Department, Chennai.
2.The Assistant Commissioner, Hindu Religious & Charitable Endowments Department, Trichy.
3.The Inspector, Hindu Religious & Charitable Endowments Department, Thuraiyur, Trichy District.
4.The Fit Person, (Additional Incharge), Arulmigu Kamatchi Ammanan Udanurai Ekambareshwarar Thirukkovil, 1/5
Thuraiyur Taluk, Trichy District.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, forbearing the fourth respondent from performing festivals to Arulmigu Kamatchi Amman Udanurai Ekambareshwarar Thirukkovil, Thuraiyur Taluk and Trichy District on his own until the non-hereditary trustees are appointed as per the order passed by this Court in W.P.(MD).No.20961 of 2025 dated 01.08.2025.
For Petitioner : Mr.R.Balakrishnan For Respondents : Mr.P.Subbaraj Special Government Pleader
ORDER
Heard both sides.
2.The case on hand pertains to the affairs of the petition mentioned temple. A fit person was appointed for the said temple. He called upon the petitioner to hand over charge. The petitioner filed W.P(MD)No. 20961 of 2025. The writ petition was disposed of on 01.08.2025 in the following terms:
2/5
"8. Considering the same, this Writ Petition is disposed of by directing the respondents to exercise powers under the provisions of TN HR & CE Act, 1959 by appointing the petitioner as one of the Non-Hereditary Trustees along with others as Non-Hereditary Trustees after following due procedure of law.
9. Pending such exercise, the impugned communication shall be kept in abeyance. It is expected that the appointment of the Non-Hereditary Trustees as per Section 49(1) of the TN HR & CE Act, 1959, shall be made as expeditiously as possible preferably within a period of four (4) months from the date of receipt of a copy of this order."
The said order has not been challenged. One can therefore safely concluded that the fit person cannot act in the meanwhile. A direction can be given to constitute a trust board by including the petitioner also. The petitioner states that after the trust board is constituted by including him, the Kumbabishekam for the temple can be celebrated. Therefore, the question of the fourth respondent performing Kumbabishekam in the meanwhile does not arise at all.
3/5
3.This writ petition is allowed accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 04.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No MGA Note: Issue order copy on 04.09.2025.
To 1.The Commissioner, Hindu Religious & Charitable Endowments Department, Chennai.
2.The Assistant Commissioner, Hindu Religious & Charitable Endowments Department, Trichy.
3.The Inspector, Hindu Religious & Charitable Endowments Department, Thuraiyur, Trichy District.
4.The Fit Person, (Additional Incharge), Arulmigu Kamatchi Ammanan Udanurai Ekambareshwarar Thirukkovil, Thuraiyur Taluk, Trichy District.
4/5
G.R.SWAMINATHAN, J.
MGA 04.09.2025 5/5