W.P.(MD).No.23592 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.08.2025 CORAM THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P(MD).No.23592 of 2025 and W.M.P(MD) No.18515 of 2025 M.M.Muthunayagam ... Petitioner Vs. 1.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Madurai. 2.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Madurai. 3.The Fit Person / Thakkar, Arulmighu Sundaravalli Amman Temple, Thenur, Madurai. 4.M/s.Elamathi, Executive Officer, Arulmighu Janagai Mariamman Temple, Thenur, Madurai. ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent Nos.1 and 2 to immediately restore possession of the keys, deity statue, and other valuables to the Karaikarargal and to forbearing the 3rd respondent from https://www.mhc.tn.gov.in/judis W.P.(MD).No.23592 of 2025 interfering in the administration and management of Arulmighu Sundaravalli alias Chinnamman Temple, Thenur, Madurai District. For Petitioner : Mr.V.R.Shanmuganathan For R1 and R2 : Mr.SS.Madhavan Additional Government Pleader For R3 : Mr.S.Manohar Standing Counsel ORDER Mr.SS.Madhavan, learned Additional Government Pleader takes notice on behalf of the 1st and 2nd Respondents and Mr.S.Manohar, learned Standing Counsel takes notice on behalf of the 3rd Respondent. 2. This Writ Petition is being disposed of at the time of admission after hearing the learned counsel for the Petitioner, the learned Additional Government Pleader for the 1st and 2nd Respondents and the learned Standing Counsel for the 3rd Respondent. 3. This Writ Petition has been filed to direct the Respondent Nos.1 and 2 to immediately restore possession of the keys, deity's statue, and other valuables to the Karaikarargal and to forbear the 3rd Respondent from interfering in the https://www.mhc.tn.gov.in/judis W.P.(MD).No.23592 of 2025 administration and management of Arulmigu Sundaravalli Amman Temple @ Chinnamman Temple, Thenur, Madurai District. 4. It is the case of the Petitioner that the 3rd Respondent was appointed as a “Fit Person” as early as on 24.06.1997 for Arulmigu Sundaravalli Amman Temple @ Periyamman Temple but, however was not appointed as a “Fit Person” for Arulmigu Sundaravalli Amman Temple @ Chinnamman Temple . 5. It is further submitted by the Petitioner that the 4th Respondent, who is presently acting as a “Fit Person”, took charge of the Arulmigu Sundaravalli Amman Temple @ Periyamman Temple only during December 2024, after the orders were secured by the “Fit Person” namely the 3rd Respondent under Section 101 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 in Crl.M.P.No.384 of 2022 vide order dated 22.09.2023 passed by the learned Judicial Magistrate, Vadipatti, Madurai District. 6. It is further submitted by the learned counsel for the Petitioner pursuant to the 3rd Respondent taking control of the Arulmigu Sundaravalli Amman Temple @ Periyamman Temple and while taking control of the Arulmigu https://www.mhc.tn.gov.in/judis W.P.(MD).No.23592 of 2025 Sundaravalli Amman Temple @ Chinnamman Temple, the “Fit Person” took away an idol and the keys of the Arulmigu Sundaravalli Amman Temple @ Chinnamman Temple. 7. Further, it is submitted that the above said two Temples are spatially located in two different areas at a distance of approximately one and a half kilometers. In these circumstances, about 800 persons have given a Representation to the 1st Respondent to direct the 3rd Respondent, represented by the 4th Respondent to return the keys and the idols of the Arulmigu Sundaravalli Amman Temple @ Chinnamman Temple, which was taken over during December 2024. 8. On the other hand, the learned Standing Counsel for the 3rd Respondent would submit that although the Temples are located at a distance of approximately one and a half kilometers as stated by the learned counsel for the Petitioner, they are indeed one Temple as is evident from the pleading in the Affidavit. It is submitted that they are not two Temples, but only one Temple namely Arulmigu Sundaravalli Amman Temple @ Periyamman Temple @ Chinnamman Temple. https://www.mhc.tn.gov.in/judis W.P.(MD).No.23592 of 2025 9. It is submitted by the learned Standing Counsel for the 3rd Respondent that in fact one Rajkumar had also approached this Court in W.P(MD) No.24006 of 2025, for a Mandamus, to direct the Respondent Nos.1 to 5 therein to appoint a Special Officer with regard to the affairs of Arulmigu Sundaravalli Amman Temple under the control of Hindu Religious and Charitable Endowments Department located in Thenur Village in order to regulate the Temple Festival and to take action against the 7th Respondent therein namely one Sonai Muthu, who had not handed over the jewels and other properties of the Arulmigu Sundaravalli Amman Temple as per the Order of the 3rd Respondent therein namely the Joint Commissioner, Hindu Religious and Charitable Endowments Department, and for illegally collecting the money and articles from the devotees, which were given as kaanikkai to the Temple. 10. It is submitted by the learned Standing Counsel for the 3rd Respondent that pursuant to the Order dated 23.01.2025 passed by the Division Bench of this Court in W.P(MD) No.24006 of 2025, the control of the two Temples have come under the control of the 3rd Respondent represented by the 4th Respondent. That apart, it is submitted that Periyamman is the main deity of the Temple and Chinnamman is a Urchavar. Therefore, the request of the Petitioner for handing over the keys of the Arulmigu Sundaravalli Amman Temple @ Chinnamman https://www.mhc.tn.gov.in/judis W.P.(MD).No.23592 of 2025 Temple based on the Representation dated 18.08.2025 dose not arise. 11. That apart, it is submitted by the learned Standing Counsel for the 3rd Respondent that the Petitioner is threatening to hold dharna in front of the Office of the 1st Respondent if the request of the Petitioner dated 18.08.2025 to hand over the keys is not considered. 12. Considering the submissions made by the learned counsel for the Petitioner and the learned Standing Counsel for the 3rd Respondent, this Court is inclined to dispose this Writ Petition, directing the 1st Respondent to consider the Representation dated 18.08.2025 of the Petitioner, if Arulmigu Sundaravalli Amman Temple @ Periyamman Temple and Arulmigu Sundaravalli Amman Temple @ Chinnamman Temple are two different Temples strictly in accordance with the original Order dated 24.06.1997 that was passed by the Assistant Commissioner appointing the 3rd Respondent as a “Fit Person”. This exercise shall be completed by the 1st Respondent after affording an opportunity of hearing to the Petitioner and the 3rd Respondent within a period of six weeks from the date of receipt of a copy of this order. https://www.mhc.tn.gov.in/judis W.P.(MD).No.23592 of 2025 13. With the above direction, this Writ Petition is disposed of. No costs. Connected Miscellaneous Petition is closed. 29.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Indu To 1.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Madurai. 2.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Madurai. 3.The Fit Person / Thakkar, Arulmighu Sundaravalli Amman Temple, Thenur, Madurai. 4.Elamathi, Executive Officer, Arulmighu Janagai Mariamman Temple, Thenur, Madurai. https://www.mhc.tn.gov.in/judis W.P.(MD).No.23592 of 2025 C.SARAVANAN, J. Indu W.P(MD).No.23592 of 2025 29.08.2025 https://www.mhc.tn.gov.in/judis