W.P.(MD) No. 22013 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.08.2025 CORAM: THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.(MD) No. 22013 of 2025 and W.M.P.(MD) No.17113 of 2025 T.Murugesan Poosari ... Petitioner Vs 1. The Joint Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment Department, Dindigul. 2. The Assistant Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment Department, Dindigul. 3. The Executive Officer, Arulmigu Vandi Kaliamman Temple, Thadi Kombu Road, Dinidgul District. ... Respondents 1/8 https://www.mhc.tn.gov.in/judis W.P.(MD) No. 22013 of 2025 PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari to call for the records of the third respondent, dated 28.07.2025 in proceeding Nil, quash the same, as the same, is arbitrary, ultravires in violation of the principles of Natural Justice, Audi Alteram Partem. For petitioner : Mr.R.G.Shankar Ganesh For respondents : Mr.S.S.Madhavan Additional Government Pleader ***** ORDER This Writ Petition is disposed of at the time of admission with the consent of the learned counsel for the petitioner and learned Additional Government Pleader for the respondents. 2. The petitioner is before this Court for the second time. Earlier, the petitioner had filed W.P.(MD) No.26716 of 2024 for a Mandamus to direct the Joint Commissioner to take necessary action for recovery of cash and jewels from the respondent Nos.4 and 5 therein namely, Arumugam and Palanichamy Naickar which was donated by the general public to the Arulmigu Veera Kathiriammal Temple, Perumal Temple, Periyakottai, Dindigul and thereby, protecting the 2/8 https://www.mhc.tn.gov.in/judis W.P.(MD) No. 22013 of 2025 interest of the deity on the basis of the petitioner's representation, dated 21.10.2024 and 25.10.2024. After hearing the petitioner and the official respondent in the said Writ Petition, the said Writ Petition came to be disposed of by an order dated 08.11.2024 with the following observations: “4. In such view of the matter, this Court is of the view that the petitioner shall submit a fresh representation to the Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Dindigul, within a period of two weeks from today (08.11.2024) and if such representation is made, the Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Dindigul, shall consider the representation of the petitioner and pass appropriate orders within a period of eight weeks thereafter. It is made clear that an opportunity to the necessary individuals shall also be afforded by the said authority. 5. With the aforesaid direction, this Writ Petition is disposed of. There shall be no order as to costs.” 3. Pursuant to the order, an enquiry was held by the Assistant Commissioner on 26.04.2025, which is recorded in proceedings bearing reference in Na.Ka.No.1249/2025/Aa2. 4. The aforesaid proceedings records that the enquiry held on 25.01.2024. Relevant portion from the said proceedings are reproduced below: 3/8 https://www.mhc.tn.gov.in/judis W.P.(MD) No. 22013 of 2025 “mjd; gpd;du; jpz;Lf;fy; cjtp Mizauhy; 25.01.2025 md;W Neubahf jpUf;Nfhapy; Neubahf Ma;t[ nra;Jk; kDjhuu;fs; vjpu;kDjhuu;fs; kw;Wk; Cu;f;fhuu;fix tprhuiz nra;Jk; 4y; fhZk; Fwpg;gpy; fPo;f;fz;lthW cj;jut[ gpwg;gpf;fg;gl;lJ.” 5. Pursuant to the aforesaid proceedings the Assistant Commissioner has also passed an order appointing a Fit person in his proceedings, dated 11.06.2025 bearing reference Se.Mu.Na.Ka.No.1249/2024/Aa4. 6. In consequence of the aforesaid order, the petitioner has now been served with the order/letter by the third respondent, whereby third respondent is calling upon the petitioner to hand over the control of the subject temple to the third respondent. 7. The challenge to the impugned proceedings is that the petitioner was not issued with notice to any proceedings, which preceded to the order, dated 11.06.2025 of the Assistant Commissioner in his proceedings bearing reference Se.Mu.Na.Ka.No.1249/2024/Aa4. 4/8 https://www.mhc.tn.gov.in/judis W.P.(MD) No. 22013 of 2025 8. It is further submitted that the impugned communication as also the order of the Assistant Commissioner are clearly violation in law settled in the decision held by the Hon’ble Division Bench of this Court in Sri Premananda Trust vs. The Competent Authority (W.P.No.22615 of 2007, dated 10.12.2024). 9. The learned Additional Government Pleader for the respondents, on the other hand, submits that the impugned communication and the order that preceded the appointment of the third respondent as a Fit Person was pursuant to the enquiry held on 25.01.2024, which stands recorded in the proceedings of the Assistant Commissioner, dated 26.04.2025, content of which has been extracted above. 10. It is noticed that the Commissioner has also passed an order on 28.05.2025, bearing reference Ne.Mu.No.1539070/2025/E1, wherein the Commissioner has recommended for taking over the control of the subject temple. 11. A reading of the affidavit filed in support of the present Writ Petition also indicates that the petitioner is not a sole Hereditary Trustee of the subject temple. On the other hand, the temple is under the control of the five or six 5/8 https://www.mhc.tn.gov.in/judis W.P.(MD) No. 22013 of 2025 poosaries. The petitioner has in fact filed O.A.No.8 of 2025 under Section 64 of the TN HR & CE Act, 1959 for framing a scheme. Thus, neither the petitioner nor the other poosaries are entitled to take control over the temple, pending a scheme to be framed in O.A.No.8 of 2025. Therefore, I do not find any merits in the present Writ Petition. 12. That apart, the impugned communication, which is consequence of the order of the Assistant Commissioner on 11.06.2025, bearing reference Se.Mu.Na.Ka.No.1249/2024/Aa4 was preceded by a detailed enquiry on 25.01.2025. Therefore, there is no merits in the present Writ Petition in challenging the impugned communication by the third respondent. Therefore, this Writ Petition is liable to be dismissed. However, there shall be a direction to the first respondent/Joint Commissioner to dispose of O.A.No.8 of 2025 within a period of six (6) months from the date of receipt of a copy of this order. 13. Pending such exercise, the third respondent may take assistance of the petitioner and other poosaries in connection with the discharge of the daily affairs and the ceremonies of the subject temple. 6/8 https://www.mhc.tn.gov.in/judis W.P.(MD) No. 22013 of 2025 14. This Writ Petition is disposed of, with the above observations. No costs. Consequently, connected miscellaneous petition is closed. Index : Yes / No 12.08.2025 Internet : Yes / No apd To 1. The Joint Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment Department, Dindigul. 2. The Assistant Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment Department, Dindigul. 3. The Executive Officer, Arulmigu Vandi Kaliamman Temple, Thadi Kombu Road, Dinidgul District. C.SARAVANAN, J. 7/8 https://www.mhc.tn.gov.in/judis W.P.(MD) No. 22013 of 2025 apd W.P.(MD) No. 22013 of 2025 12.08.2025 8/8 https://www.mhc.tn.gov.in/judis