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Madras High CourtWP(MD)/30455/2025disposed of

Dhanapal C v. The Joint Commissioner

2026-02-24Honourable Mr Justice Krishnan Ramasamy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 24.02.2026

CORAM

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY WP(MD).No.30455 of 2025 and W.M.P.(MD)Nos.23670, 23674 & 26466 of 2025 C.Dhanapal ... Petitioner Vs

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

2. The Assistant Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment Department, Perambalur District.

3. The Revenue Divisional Officer, Lalgudi,

4. Senthil Kumar (R4 is impleaded vide Order dated 29.01.2026 in W.M.P.(MD)No.26392/2025)

5. L.Gunasekaran (R5 is impleaded vide Order dated 29.01.2026 in W.M.P.(MD)No.26464/2025) 1/6

6. Arumigu Ayyanar (Boomibalagan) Pidari, Karuppanna Swamy Temples, Malvai, Represented by its Executive Officer, Office at:

Arulmighu Sutharathineshwarar Temple, Oottathur, Lalgudi, ... Respondents (R6 is impleaded vide order of this Court dated 24.02.2026 in W.M.P.(MD)No.3430/2026) PRAYER :- Writ Petition, filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records of the 2nd respondent dated 24.09.2025 in proceedings Na.Ka. No.4086-2/2022/A4 quash the same, as the same is arbitrary, ultravires, in violation of principles of natural justice, Audi Ateram Partem, the decree dated 27.07.1999 made in O.S.No.471/1986 on the file of Sub Court, Trichy and consequentially direct the 2nd respondent to permit the petitioner to discharge his duties as Poosari of Arulmigu Pidariyar, Ayyanar and Karuppanan temples, situated at Malvai Village, Lalkudi Taluk, Trichy District.

For Petitioner : Mr.R.G.Shankar Ganesh For Respondents : Mr.K.Balasubramani, Spl. Govt. Pleader for R1 to R3 Mr.T.Ljapathyrai, Senior Counsel for Mr.M.Pozhilan for R4 Mr.V.Paneerselvam for R5 Mr.Ramesh Mahadev for R6 2/6

O R D E R

This Writ Petition has been filed challenging the proceedings of the 2nd respondent dated 24.09.2025 and also seeking for a consequential direction, directing the 2nd respondent to permit the petitioner to discharge his duties as Poosari of Arulmigu Pidariyar, Ayyanar and Karuppanan temples, situated at Malvai Village, Lalkudi Taluk, Trichy District.

2. The learned counsel appearing for the petitioner would submit that the 3rd respondent, viz., the Revenue Divisional Officer, has no power to conduct a peace committee meeting and make a recommendation to the 2nd respondent viz., the Assistant Commissioner of the HR & CE Department for the appointment of a Poosari. However, the 2nd respondent, based on the proceedings of the 3rd respondent, appointed a third party as the Poosari of the temple by proceedings dated 24.09.2025. According to the petitioner, the said appointment is contrary to the scheme framed by the Civil Court in O.S. No. 471 of 1986, dated 27.07.1999. In the said scheme, it is stated that a person belonging to the 3/6

Udayar community is to be appointed as the Poosari. However, through the impugned order, the 2nd respondent appointed a person belonging to another community as the Poosari of the temple. Hence, he prays for setting aside the impugned orders and for the issuance of an appropriate direction to appoint the petitioner as Poosari in terms of the judgment and decree passed by the civil Court in O.S. No. 471 of 1986, dated 27.07.1999.

3. This Court heard the submissions made by the learned counsel appearing on either side and perused the materials available on record.

4. Considering the submissions made by both sides, this Court is of the view that even assuming that the Revenue Divisional Officer (RDO), in order to resolve the dispute, conducted a peace committee meeting and made a recommendation for the appointment of a Poosari, the Assistant Commissioner ought to have followed the scheme framed by the civil Court in O.S. No. 471 of 1986, dated 27.07.1999 and appointed a Poosari from the Udayar community. However, in the 4/6

present case, a person belonging to a different community has been appointed. Therefore, the said appointment is contrary to the scheme framed by the Civil Court. Hence, the impugned order is liable to be set aside.

5. Accordingly, the impugned order is set aside and the matter is remanded to the 2nd respondent for fresh consideration. The 2nd respondent is directed to appoint a Poosari strictly in accordance with the scheme framed by the Civil Court in O.S. No. 471 of 1986, dated 27.07.1999 within a period of two months from the date of receipt of a copy of this order.

6. With the above observations, this writ petition is allowed. No costs. Consequently, the connected miscellaneous petitions are also closed.

vsm 24.02.2026 Index : Yes/No NCC : Yes/No 5/6

KRISHNAN RAMASAMY, J.

vsm TO

1. The Joint Commissioner, HR and CE Department, Tiruchirappallai.

2. The Assistant Commissioner, HR and CE Department, Perambalur.

3. The Revenue Divisional Officer, Lalgudi,

4. The Deputy Superintendent of Police, Lalgudi, WP(MD) No.30455 of 2025 Date : 24.02.2026 6/6