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2022 DAILYLAW 4509 (MAD)

S.Boopathy v. The Commissioner

WP/1306/2022 · 2026-03-04

M Dhandapani

Transfer Petitionbody2022

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP No. 1306 of 2022 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 04.03.2026 CORAM THE HON'BLE MR JUSTICE M.DHANDAPANI WP No. 1306 of 2022 and W.M.P.Nos.1420 and 1421 of 2022 S.Boopathy ...Petitioner Vs 1. The Commissioner, 1. Hindu Religious and Charitable Endowments Department, 2. Uthamar Gandhi Salai, 3. Nungambakkam, Chennai-600 034. 2. 2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Coimbatore-18. 3.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Erode. 4.The Inspector, Hindu Religious and Charitable Endowments Department, Gandhi Road, Erode-1. 5.The Executive Officer, Arulmigu Ponkaliamman Thirukovil, Thalayanallur, https://www.mhc.tn.gov.in/judis WP No. 1306 of 2022 __________ Page2 of 6 Sivagiri Village, Kodumudi Taluk, Erode District. ...Respondents Prayer: Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari, to call for the records relating to the proceedings in Nata.Na.Ka.No.3454/2017/A6 dated 17.12.2021 passed by the third respondent, quash the same. For Petitioner : Mr.K.Rajasekaran For Respondents : Mr.N.R.R.Arun Natarajan Special Government Pleader for R1 to R5 O R D E R This Writ Petition has been filed challenging the proceedings issued in Nata.Na.Ka.No.3454/2017/A6 dated 17.12.2021 by the third respondent appointing the Executive Officer of Arulmigu Ponkaliamman Thirukovil, as the Fit Person of Arulmigu Mariamman and Ponnachiamman Temple as an interim arrangement. 2. The claim of the petitioner is that Arulmigu Mariamman and Ponnachiamman Temple situated at Kodumudi Village, Erode District was constructed by great grandfather of the petitioner and since then, the petitioner’s https://www.mhc.tn.gov.in/judis WP No. 1306 of 2022 __________ Page3 of 6 family has been taking care of the affairs of the Temple through generations. After the demise of his father, the petitioner has been managing the affairs of the Hereditary Trustee. While so, the petitioner filed a petition before the second respondent under Section 63(b) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, to declare the office of the Trusteeship of the Arulmigu Mariyamman and Ponnachiamman Temple as Hereditary and to declare himself as Hereditary Trustee in O.A.No.20 of 2019. While the said O.A is pending, the petitioner came to know that the fourth respondent has published a notice dated 01.04.2019 to bring the Temple under the direct supervision and control of HR & CE Department. In the meanwhile, the impugned order was passed appointing the Executive Officer of Arulmigu Ponkaliamman Thirukovil, as the Fit Person of the Arulmigu Mariamman and Ponnachiamman Temple. Challenging the same, the present writ petition has been filed. 3. When the matter is taken up for hearing, the learned counsel appearing for the petitioner submits that it would be suffice, if this Court directs the second respondent to dispose of O.A.No.20 of 2019 within a reasonable time fixed by this Court. https://www.mhc.tn.gov.in/judis WP No. 1306 of 2022 __________ Page4 of 6 4. Heard the learned counsels appearing on either side and perused the materials available on record. 5. In view of the limited request made by the learned counsel appearing for the petitioner, this Court, without interfering with the impugned proceedings dated 17.12.2021 issued by the third respondent, directs the second respondent to dispose of O.A.No.20 of 2019 within a period of six weeks from the date of receipt of this order and the impugned proceedings is subject to the result of the order to be passed by the second respondent. 6. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. Connected miscellaneous petitions are closed. 04.03.2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ssb https://www.mhc.tn.gov.in/judis WP No. 1306 of 2022 __________ Page5 of 6 To 1. The Commissioner, 4. Hindu Religious and Charitable Endowments Department, 5. Uthamar Gandhi Salai, 6. Nungambakkam, Chennai-600 034. 2. 2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Coimbatore-18. 3.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Erode. 4.The Inspector, Hindu Religious and Charitable Endowments Department, Gandhi Road, Erode-1. 5.The Executive Officer, Arulmigu Ponkaliamman Thirukovil, Thalayanallur, Sivagiri Village, Kodumudi Taluk, Erode District. https://www.mhc.tn.gov.in/judis WP No. 1306 of 2022 __________ Page6 of 6 M.DHANDAPANI, J. ssb W.P.No. 1306 of 2022 04.03.2026 https://www.mhc.tn.gov.in/judis