S. Vinoth Kumar v. The Commissioner

1 W.P.(MD)NO.29605 OF 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.10.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.29605 of 2025 AND W.M.P.(MD)Nos.22909 & 22911 of 2025 S.Vinoth Kumar ... Petitioner Vs.

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

2. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Madurai.

3. The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Madurai.

4. Arulmigu Thuvaralpathiamman Thirukkovil, Chockalingapuram, Melur Taluk, Madurai, Rep. By its Thakkar / Executive Officer, Arulmigu Kalyana Sundareswarer Thirukovil, Melur Town and Taluk, Madurai District.

... Respondents 1/5

2 W.P.(MD)NO.29605 OF 2025 Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records pertaining to the impugned order passed by the fourth respondent in No.Nil dated 13.10.2025, quash the same in so far as the petitioner is concerned.

For Petitioner : Mr.N.C.Ashok Kumar For R-1 to R-3 : Mr.G.Suriya Ananth, Additional Government Pleader.

For R-4 : Mr.S.Manohar * * *

O R D E R

Heard both sides.

2. The petitioner came forward to carry out the petition-mentioned work for the fourth respondent temple. The department granted permission vide proceedings dated 20.01.2025. The department proceedings did not stipulate any outer time limit for completing the works.

3. The fit person sent reminder letters to the writ petitioner to complete the works. Now citing the delay in completing the works, the impugned cancellation order has been passed. Before passing the impugned order, the writ petitioner was not served with any show cause notice. It is true that the petitioner will not suffer any civil 2/5

3 W.P.(MD)NO.29605 OF 2025 consequence. But definitely his reputation is at stake. The right to reputation is also a part of fundamental right.

4. When the department had granted permission to carry out the donor works, it is not open to the Executive Officer of the temple to issue order of cancellation. Thus the impugned order is vulnerable on the ground of lack of jurisdiction also. In this view of the matter, the order impugned in the writ petition is set aside. I do not propose to remand the matter to the file of the fourth respondent. This is because, the petitioner undertakes to complete the donor works within a period of three months from today. The petitioner undertakes not to seek any extension of time.

5. Recording the undertaking of the writ petitioner, this writ petition stands allowed. No costs. Consequently, connected miscellaneous petitions are closed.

17.10.2025 NCS : Yes / No Index : Yes / No Internet : Yes/ No PMU 3/5

4 W.P.(MD)NO.29605 OF 2025 To:

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

2. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Madurai.

3. The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Madurai.

4/5

5 W.P.(MD)NO.29605 OF 2025 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.29605 of 2025 17.10.2025 5/5