W.P.(MD).No.19983 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.07.2025 CORAM THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P(MD) No.19983 of 2025 and W.M.P(MD) No.15383 of 2025 Sri Silambani Chidambara Vinayagar Temple, represented by its Chairman of Board of Trustees, L.Balachandran, S/o.L.ST.Lakshmanan Chettiar, Devakkottai. ... Petitioner Vs. 1.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Sivagangai. 2.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Sivagangai. 3.The Executive Officer, Sri Silambani Chidambara Vinayagar Temple, Devakottai. ...Respondents 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 records of the impugned order passed by the third respondent in proceedings No.Nil dated 18.07.2025 and quash the same and consequently directing the respondents to follow the tenure of the Board of Trustees mentioned in the scheme in O.A.No.59/1969 passed u/s 63(b) of the HR.CE Act. 1/8 https://www.mhc.tn.gov.in/judis W.P.(MD).No.19983 of 2025 For Petitioner : Mr.RM.Arun Swaminathan For R1 to R3 : Mr.SS.Madhavan Additional Government Pleader For Intervenor : Mr.V.Nirmal Kumar, for Mr.Narayanan ORDER The petitioner has challenged the impugned communication, dated 18.07.2025 of the third respondent, wherein the petitioner has informed that the term of his trusteeship has come to an end on 19.07.2025. Content of the impugned communication is read as under: Rw;Wyh gz;ghL kw;Wk; mwepiyaq;fs; (mep3-1) Jiw murhiz (g) vz; 171 ehs; 03.07.2023 cj;jputpd;gb Nkw;gb jpUf;Nfhapypy; 20.07.2023 md;W mwq;fhtyu; FO Nju;jy; elj;jg;gl;L ,uz;L Mz;LfSf;F mwq;fhtyu;fshf epakdk; nra;ag;gl;L epu;thfk; ghu;f;fg;gl;L tUk; tpguk; njuptpj;Jf;nfhs;sg;gLfpwJ. jw;NghJ Nkw;gb gjtpf;fhyk; tUfpw 19.07.2025 k; Njjp epiwTngWk; tpguk; njuptpj;Jf;nfhs;sg;gLfpwJ. 2. It appears that the petitioner has also moved two other Writ Petitions 2/8 https://www.mhc.tn.gov.in/judis W.P.(MD).No.19983 of 2025 before this Court in W.P(MD) Nos.14755 and 16296 of 2025. 3. W.P(MD) No.14755 of 2025 has been filed for a Writ of Certiorarified Mandamus calling for the records of the impugned order in Na.Ka.No. 3225/2025/B1 dated 16.05.2025 issued by the first respondent quashing the same and consequently directing the first respondent to adhere scheme in O.A.No.59/1969 passed under Section 63(b) of the HR and CE Act so far as recording the hereditary trustees under Section 54(1) of the Act and tenure of their office. 4. W.P(MD) No.16296 of 2025 has been filed for a Mandamus to direct the first respondent therein namely the Joint Commissioner to approve the hereditary trustee for the period 2025-26 in terms of Section 63(b) of the HR and CE Act, 1959, by considering his representations, dated 06.02.2025 and 28.03.2025. 5. However, it is noticed that the appointment of the petitioner has been made under Section 47 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, as a non-hereditary trustee, although the petitioner belongs to the same family, which is entitled to be appointed as a hereditary 3/8 https://www.mhc.tn.gov.in/judis W.P.(MD).No.19983 of 2025 trustee. The tenure of office, as per the Government Order of the Board, is two years as is evident from a reading of G.O.(Ms) No.171, dated 03.07.2023. The relevant portion of the Government Order reads as under: 3.jkpo;ehL ,e;J rka mwepiyf; nfhilfs; rl;lk; 1959> rl;lg;gpupT 48-d; gbAk; mwq;fhtyu; FOtpd; nray;ghLfs; Fwpj;j tpjpfspy; tpjp 18-d; gbAk;> ,t;thiz ntspaplg;gLk; ehspypUe;J 30 ehl;fSf;Fs; mwq;fhtyu;fs; jq;fSf;Fs; xU jiytiu Nju;e;njLf;f Ntz;Lk;. epakdk; nra;ag;gLk; mwq;fhtyu;fs; Nkw;gb rl;lj;jpd; rl;lg;gpupT 47(3) d; gb mwq;fhtyu; FOj;jiytu; Nju;e;njLf;fg;gLk; ehspypUe;J ,uz;L Mz;L fhyk; gjtp tfpg;ghu;fs;. 6. As per Section 47(3) of Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, every trustee appointed under sub-section (1) and subject to the result of an application, if any, filed under sub-section (4), every non-hereditary trustee appointed under sub-section (2) shall hold office for a term of TWO YEAR unless in the meanwhile the trustee is removed or dismissed or his resignation is accepted by the Government, the Commissioner or the Joint Commissioner/Deputy Commissioner, as the case may be or he otherwise ceases to be a trustee. 4/8 https://www.mhc.tn.gov.in/judis W.P.(MD).No.19983 of 2025 7. 4/8 https://www.mhc.tn.gov.in/judis W.P.(MD).No.19983 of 2025 7. As per 1st proviso to Section 47(3) of the Act every trustee who has completed a term of office of one year on the 16th day of July 2006 shall cease to hold office forthwith and " every trustee who completes a term of office of one year after such date shall cease to hold office on such completion. 8. As per the 2nd proviso to section 47(3) of the Act, every trustee who has not completed a term of office of one year on the date of commencement of the Tamil Nadu Hindu Religious and Charitable Endowments (Amendment) Act, 2010 (Tamil Nadu Act 12 of 2010) shall continue to be the trustee for the period of two years from the date of his appointment. 9. The petitioner has challenged the impugned communication, dated 18.07.2025. It is a consequential communication to the order of appointment in G.O(MS) No.171, dated 03.07.2023, as referred to supra. It was incumbent on the part of the petitioner to have challenged the appointment made then and there in 2023 pursuant to G.O(MS) No.171, dated 03.07.2023. Therefore, the petition is liable to be dismissed and is accordingly dismissed. It is however open for the petitioner to challenge the aforesaid Government order in the 5/8 https://www.mhc.tn.gov.in/judis W.P.(MD).No.19983 of 2025 manner known to law. 10. With the above said liberty, this Writ Petition is dismissed. Consequently, connected Miscellaneous Petition is closed. No costs. 21.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Indu To 1.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Sivagangai. 2.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Sivagangai. 3.The Executive Officer, Sri Silambani Chidambara Vinayagar Temple, Devakottai. 6/8 https://www.mhc.tn.gov.in/judis W.P.(MD).No.19983 of 2025 C.SARAVANAN, J. Indu W.P(MD) No.19983 of 2025 21.07.2025 7/8 https://www.mhc.tn.gov.in/judis W.P.(MD).No.19983 of 2025 8/8 https://www.mhc.tn.gov.in/judis