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2023 DAILYLAW 3967 (MAD)

Chinnadurai v. The Commissioner

WP/15073/2023 · 2026-03-03

M Dhandapani

Transfer Petitionbody2023

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP No. 15073 of 2023 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03-03-2026 CORAM THE HON'BLE MR JUSTICE M.DHANDAPANI WP No. 15073 of 2023 Chinnadurai S/o. Periyasamy, No 4 / 76, West street, Kasthuripatti Varatharajapuram Post Senthamangalam taluk Namakkal 637 013 ..Petitioner(s) Vs 1. The Commissioner HR and CE Department, Chennai 2. The Joint commissioner HR and CE Department, Salem 3. The Assistant Commissioner HR and CE department, Namakkal 4. The Executive officer HR and CE department, Namakkal 5. Ganesan S/o Subramanian, residing at kasthuripatti, Varatharajapuram Post, Senthamangalam Taluk, Namakkal 637 013 6. Natesan S/o Ramasamy, residing at kasthuripatti, Varatharajapuram Post, Senthamangalam Taluk, Namakkal 637 013 https://www.mhc.tn.gov.in/judis WP No. 15073 of 2023 __________ Page2 of 6 7. Devarajan S/o Chidambaram, residing at kasthuripatti, Varatharajapuram Post, Senthamangalam Taluk, Namakkal 637 013 8. Sundaram S/o Ramasamy, residing at kasthuripatti, Varatharajapuram Post, Senthamangalam Taluk, Namakkal 637 013 9. Sevugan S/o Periyasamy, residing at kasthuripatti, Varatharajapuram Post, Senthamangalam Taluk, Namakkal 637 013 10.Subramaniam S/o Aandi, residing at kasthuripatti, Varatharajapuram Post, Senthamangalam Taluk, Namakkal 637 013 11.Sivili Palanivel S/o Veerabadran, residing at kasthuripatti, Varatharajapuram Post, Senthamangalam Taluk, Namakkal 637 013 ..Respondent(s) Prayer : Writ Petition filed under Article 226 of Constitution of India for issuance of a Writ of Mandamus to direct the respondents 1 to 4 to consider the representation of the petitioner dated 23.01.2023 and notify and take over the management of the temple viz., Bagavathi Amman Temple, situated in Kasthuripatti Village, Senthamangalam Taluk, Namakkal District and take appropriate action under Section 71 of the Tamil Nadu Hindu Religious and Charitable Endowments Act 1959 For Petitioner(s): Mr.V.Elangovan For Respondent(s): Mr.K.Karthikeyan for R1 to R4 Government Advocate (HR&CE) Mr.S.Senthil for R5 to R11 https://www.mhc.tn.gov.in/judis WP No. 15073 of 2023 __________ Page3 of 6 O R D E R This Writ Petition has been filed to direct the respondents 1 to 4 to consider the representation of the petitioner dated 23.01.2023 and notify the temple, viz., Bagavathi Amman Temple, situated in Kasthuripatti Village, Senthamangalam Taluk, Namakkal District under Section 71 of Tamilnadu Hindu Religious and Charitable Endowments Act, 1959 and take over the management of the said temple. 2. According to the petitioner, he is also an administrative board member of the Hindu Ambalakarar Trust and that the said Trust is managing the Bagavathi Amman Temple situated in Kasthuripatti Village, Senthamangalam Taluk, Namakkal. Due to improper management of the temple, there are allegations of misappropriation of the temple and trust fund, therefore, the petitioner has submitted a representation dated 23.01.2023 to the respondents, however, no action has been taken, hence the petitioner has filed the present Writ Petition. 3. The learned Government Advocate (HR & CE) appearing for the respondents 1 to 4 would submit that appropriate authority to consider the representation of the petitioner is the 3rd respondent, therefore, a direction and https://www.mhc.tn.gov.in/judis WP No. 15073 of 2023 __________ Page4 of 6 sufficient time may be granted to the 3rd respondent to consider the representation of the petitioner. 4. The learned counsel appearing for the respondents 5 to 11 would submit that there is no such misappropriation of temple funds, as alleged by the petitioner, however, the 3rd respondent may be directed to hear the respondents 5 to 11 while considering the representation of the petitioner. 5. In view of the limited prayer sought for by the petitioner, without going into the merits of the case, this Court hereby directs the 3rd respondent to consider the petitioner's representation dated 23.01.2023 on merits and pass appropriate orders within a period of four weeks from the date of receipt of copy of the order, after providing opportunity to the respondents 5 to 11. With the above direction, the Writ Petition is disposed of. No costs. 03-03-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ssd https://www.mhc.tn.gov.in/judis WP No. 15073 of 2023 __________ Page5 of 6 To 1. The Commissioner HR and CE department, Chennai 2. The Joint commissioner HR and CE department, salem 3. The Assistant Commissioner HR and CE department, Namakkal 4. The Executive officer HR and CE department, Namakkal https://www.mhc.tn.gov.in/judis WP No. 15073 of 2023 __________ Page6 of 6 M.DHANDAPANI, J. ssd WP No. 15073 of 2023 03-03-2026 https://www.mhc.tn.gov.in/judis