A.Kalithasan Poosari v. The Joint Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.11.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN A.Kalithasan Poosari ... Petitioner Vs.

The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Joint Commissioner Office, Madurai.

... Respondent 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 record pertaining to the impugned order passed by the respondent in A.Thi.Ka.No.3144/2024/E1 dated 23.07.2024 and quash the same as illegal and arbitrary and consequently directing the respondent to appoint the Hereditary Trustee of the Arulmigu Sri Madhang Kovil Siththar Peedam, Madhankovil Street, Srivilliputhur Town and Taluk Virudhunagar District.

For Petitioner : Mr.M.Beema Rao For Respondent : Mr.P.Subbaraj, Spl. Government Pleader.

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ORDER

Heard both sides.

2.The petitioner claims that he has been the poosari cum trustee of the petition mentioned temple for more than twenty years. His further claim is that according to him, his father was earlier functioning as poosari cum trustee. M.P.No.1 of 2015 was filed for recording him as trustee. As rightly pointed out by the learned Special Government Pleader, without getting a declaration under Section 63 of the Tamil Nadu Hindu religious and Charitable Endowment Act, a petition under Section 54 of the Act for recording the applicant as a trustee will not arise at all. Even this MP was dismissed for non-prosecution on 04.01.2018. To restore the same, another MP was filed and that was dismissed vide order dated 23.03.2024. Challenging the same, this writ petition has been filed.

3.I am clearly of the view that quashing the impugned order and remanding the matter will not serve any purpose. This is because M.P.No.1 of 2015 was not maintainable. The petitioner will have to file a 2/4

proper OA under Section 63(b) of the amil Nadu Hindu religious and Charitable Endowment Act, for getting the relief now sought for him. The petitioner's counsel states that such an OA will be filed within a period of four weeks from the date of receipt of a copy of this order. If the papers are otherwise in order, the said OA shall be numbered immediately and disposed of within a period of nine months thereafter. 4.This writ petition is dispose of accordingly. No costs. 11.11.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:

The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Joint Commissioner Office, Madurai.

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G.R.SWAMINATHAN, J.

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