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2025 DAILYLAW 167299 (MAD)

K.Ramakrishnan v. The Joint Commssioner

WP(MD)/28379/2025 · 2025-10-13

G R Swaminathan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P(MD)No.28379 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.10.2025 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.28379 of 2025 and W.M.P(MD)No.22033 of 2025 K.Ramakrishnan ... Petitioner Vs. 1.The Joint Commissioner, Hindu Religious Charitable & Endowment Department, Sivagangai, Sivagangai District. 2.The Assistant Commissioner, Hindu Religious Charitable & Endowment Department, Sivagangai, Sivagangai District. 3.The Inspector, Hindu Religious Charitable & Endowment Department, Manamadurai, Sivagangai District. 1/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.28379 of 2025 4.M.Venkadesan Chettiyar, Hereditary Trustee, Arulmigu Muthumariyamman Temple, Thayamangalam, Ilyangudi Taluk, Sivagangai District. ... 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 in connection with the impugned order issued by the fourth respondent in his Proceedings No.Nil , dated 04.03.2024, quash the same and consequently directing the respondents 1 t 4 herein to permit the petitioner to continue his duty as hereditary Barber in Arulmigu Muthumariyamman Kovil, Ilayankudi Taluk, Sivagangai District by following the earlier method of one year license period instead of the new method of 15 days license period. For Petitioner : Mr.S.Bharathy Kannan For Respondents : Mr.P.Subbaraj Special Government Pleader for R.1 to R.3 Mr.T.S.Mohamed Mohideen for R.4 ORDER Heard both sides. 2/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.28379 of 2025 2.The petitioner belongs to barber community. His case is that his branch has been hereditarily carrying out their functions in connection with the petition mentioned temple. The petitioner feels aggrieved by the impugned order passed by the hereditary trustee. Challenging the same, this writ petition has been filed. 3.The learned counsel appearing for the intervenor states that there are totally 4 branches and that arrangement by rotation has been worked out. 4.I do not want to go into the merits of the matter. A writ petition challenging the proceedings issued by a trustee may not be maintainable in the first instance. In any event, the petitioner has an effective alternative remedy under Section 21 of the HR&CE Act, 1959. The order impugned in the writ petition was passed as early as on 04.03.2024. 5.The petitioner through his counsel informs the Court that an appeal will be filed before the Commissioner within two weeks from the date of receipt of a copy of this order. If such an appeal is filed, it shall be entertained without reference to limitation and disposed of on merits 3/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.28379 of 2025 and in accordance with law after putting all the interested persons on notice. I make it clear that I have not gone into the merits of the matter. 6.This Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. 13.10.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No MGA To 1.The Joint Commissioner, Hindu Religious Charitable & Endowment Department, Sivagangai, Sivagangai District. 2.The Assistant Commissioner, Hindu Religious Charitable & Endowment Department, Sivagangai, Sivagangai District. 3.The Inspector, Hindu Religious Charitable & Endowment Department, Manamadurai, Sivagangai District. 4/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.28379 of 2025 G.R.SWAMINATHAN, J. MGA W.P(MD)No.28379 of 2025 13.10.2025 5/5 https://www.mhc.tn.gov.in/judis