Perumal Pattayar v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.09.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)Nos.19699 and 19700 of 2025 Perumal Pattayar ... Petitioner Vs.

1.The Commissioner, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai, Tamil Nadu - 600 034.

2.The Joint Commissioner, Pudukkottai, Pudukkottai District.

3.The Inspector, Kulathur, Pudukkottai District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records connected with the impugned proceedings dated 1/6

23.05.2025 issued by the respondent no.3 quash the same and consequently direct the respondent no.3 to drop further proceedings connected with the proceedings dated 23.05.2025 by considering the representation dated 16.06.2025.

For Petitioner : Mr.A.V.Saha For Respondents : Mr.G.Suriya Ananth, Addl. Government Pleader.

ORDER

Heard both sides.

2.The case on hand pertains to the administration of the petition mentioned temple. According to the writ petitioner, the temple is not a public temple. This aspect of the matter is not decided in this writ proceeding.

3.Some villagers have given a complaint before the District Collector on public grievance redressal day. It was forwarded to the third respondent and that third respondent has issued the impugned notice to the writ petitioner calling upon the petitioner to appear before him. 2/6

4.As rightly contended by the learned counsel for the writ petitioner, the third respondent has no jurisdiction to summon any individual to determine the character of a religious institution. This would fall within the province of the Deputy Commissioner / Joint Commissioner of the Hindu Religious and Charitable Endowments Department as per Section 63 of the Act.

5.In this view of the matter, the impugned summon is quashed and the writ petition is allowed. No costs. Consequently, connected miscellaneous petitions are closed.

15.09.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:

1.The Commissioner, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai, Tamil Nadu - 600 034.

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2.The Joint Commissioner, Pudukkottai, Pudukkottai District.

3.The Inspector, Kulathur, Pudukkottai District.

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G.R.SWAMINATHAN, J.

ias 15.09.2025 6/6