V.Maharajan v. The Secretary to Government of Tamil Nadu
WMP(MD)/20546/2024 · 2025-09-16
P T Asha
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 173977 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 173977 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
WMP(MD) NO. 20546 of 2024 etc batch BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16-09-2025 CORAM THE HONOURABLE MS. JUSTICE P.T. ASHA WMP(MD) Nos. 20546 to 20549 of 2024 and 11387 of 2025 in WP(MD) Nos.23213 of 2021, 18330 of 2020, 17205 of 2022, 5065 of 2023 and 7347 of 2022 WMP(MD) NO. 20546 of 2024
1. V.Maharajan S/o.Vellaisamy Valayankulam Village Thiruparankundram Madurai District Petitioner(s) Vs
1. The Secretary to Government of Tamil Nadu The Department of Hindu Religious and Charitable Endowment State Government of Tamil Nadu Chennai 600 009. 2. The Commissioner, Hindu Religious and Charitable Endowment Board, Madurai. 1/11 https://www.mhc.tn.gov.in/judis
WMP(MD) NO. 20546 of 2024 etc batch
3. The Joint Commissioner, Hindu Religious and Charitable Endowment Board, Madurai. 4. The Assistant Commissioner, Hindu Religious and Charitable Endowment Board. Madurai. 5. Thakkar / Executive Officer Arulmighu Baladandayuthapani Temple Nethaji Road Madurai 625 001. Respondent(s) Prayer : to pass an order to recall the order dated 14.06.2023 in WP(MD) 23213/2021 before this Honble Court and pass such further or other orders as this Court may deem fit and proper in the circumstances of this case and thus render justice. For Petitioner : Mr.M.C.Swamy For Respondents : Mr.P.Subbaraj Spl. Govt. Pleader (for R1 to R4) Mr.M.Saravanan (for R5) WMP(MD) NO. 11387 of 2025 1.M.Raman (died) 2.V.Maharajan 3.V.Chinnaraja 4.S.Bose (died) Petitioner(s) Vs 2/11 https://www.mhc.tn.gov.in/judis
WMP(MD) NO. 20546 of 2024 etc batch
1. The Secretary to Government of Tamil Nadu The Department of Hindu Religious and Charitable Endowment State Government of Tamil Nadu Chennai 600 009. 2. The Commissioner, Hindu Religious and Charitable Endowment Board, Ellis Nagar, Madurai. 3. The Joint Commissioner, Hindu Religious and Charitable Endowment Board, Ellis Nagar, Madurai. 4. The Assistant Commissioner, Hindu Religious and Charitable Endowment Board. Ellies Nagar, Madurai. 5. Thakkar / Executive Officer Arulmighu Baladandayuthapani Temple Nethaji Road, Madurai 625 001. Respondent(s) Prayer : to pass an order to recall the order dated 14.06.2023 in WP(MD) 18330 of 2020 before this Court and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of this case and thus render justice. For Petitioner : Mr.M.C.Swamy For Respondents : Mr.P.Subbaraj Spl. Govt. Pleader (for R1 to R4) Mr.M.Saravanan (for R5) 3/11 https://www.mhc.tn.gov.in/judis
WMP(MD) NO. 20546 of 2024 etc batch WMP(MD) NO. 20547 of 2024 V.Maharajan Petitioner(s) Vs
1.
The Secretary to Government of Tamil Nadu The Department of Hindu Religious and Charitable Endowment State Government of Tamil Nadu Chennai 600 009. 2. The Commissioner, Hindu Religious and Charitable Endowment Board, Madurai. 3. The Joint Commissioner, Hindu Religious and Charitable Endowment Board, Ellies Nagar, Madurai. 4.The Assistant Commissioner, Hindu Religious and Charitable Endowment Board. Ellies Nagar, Madurai. 5.Thakkar / Executive Officer, Arulmighu Baladandayuthapani Temple, Nethaji Road, Madurai 625 001. 4/11 https://www.mhc.tn.gov.in/judis
WMP(MD) NO. 20546 of 2024 etc batch Prayer : to pass an order to recall the order dated 14.06.2023 in WP(MD) 17205 of 2022 before this Court and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of this case and thus render justice. For Petitioner : Mr.M.C.Swamy For Respondents : Mr.P.Subbaraj Spl. Govt. Pleader (for R1 to R4) Mr.M.Saravanan (for R5) WMP(MD) NO. 20548 of 2024 V.Maharajan Petitioner(s) Vs
1. The Secretary to Government of Tamil Nadu The Department of Hindu Religious and Charitable Endowment State Government of Tamil Nadu Chennai 600 009. 2. The Commissioner, Hindu Religious and Charitable Endowment Board, Nugambakkam, Chennai. 3. The Joint Commissioner, Hindu Religious and Charitable Endowment Board, Ellies Nagar, Madurai. 5/11 https://www.mhc.tn.gov.in/judis
WMP(MD) NO. 20546 of 2024 etc batch 4.The Assistant Commissioner, Hindu Religious and Charitable Endowment Board. Ellies Nagar, Madurai. 5.Thakkar / Executive Officer, Arulmighu Baladandayuthapani Temple, Nethaji Road, Madurai 625 001. Prayer : to pass an order to recall the order dated 14.06.2023 in WP(MD) 5065 of 2023 before this Court and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of this case and thus render justice. For Petitioner : Mr.M.C.Swamy For Respondents : Mr.P.Subbaraj Spl. Govt. Pleader (for R1 to R4) Mr.M.Saravanan (for R5) WMP(MD) NO. 20549 of 2024 V.Maharajan Petitioner(s) Vs
1. The Principal Secretary to Government of Tamil Nadu The Department of Hindu Religious and Charitable Endowment State Government of Tamil Nadu Chennai 600 009. 6/11 https://www.mhc.tn.gov.in/judis
WMP(MD) NO. 20546 of 2024 etc batch
2. The Commissioner, Hindu Religious and Charitable Endowment Board, Nungambakka, Chennai. 3. The Joint Commissioner, Hindu Religious and Charitable Endowment Board, Ellies Nagar, Madurai.
4.The Assistant Commissioner, Hindu Religious and Charitable Endowment Board. Ellies Nagar, Madurai. 5.Thakkar / Executive Officer, Arulmighu Baladandayuthapani Temple, Nethaji Road, Madurai 625 001. Prayer : to pass an order to recall the order dated 14.06.2023 in WP(MD) 7347 of 2022 before this Court and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of this case and thus render justice. For Petitioner : Mr.M.C.Swamy For Respondents : Mr.P.Subbaraj Spl. Govt. Pleader (for R1 to R4) Mr.M.Saravanan (for R5) 7/11 https://www.mhc.tn.gov.in/judis
WMP(MD) NO. 20546 of 2024 etc batch COMMON ORDER These writ miscellaneous petitions have been filed seeking to recall the
order dated 14.06.2023.
2. The only ground urged for recalling the said order is that the representation made by the learned counsel for the petitioner in the writ petitions to the effect that the petitioner would work out his remedy by pursuing the suit in O.S.No.134 of 2018 pending on the file of the District Munsif Court, Madurai was made without properly considering the relevant facts. It is further contended that the relief sought in the writ petition and that in the suit are entirely different, and therefore, the order dated 14.06.2023 requires to be recalled.
3. Heard the learned counsel appearing on either side and perused the materials placed on record.
4. The main issue raised in the writ petition was the appointment of the non-heriditary trustees and regarding the management and administratiion of the temple. O.S.No.134 of 2018 was filed by the Executive Officer, Arulmighu Malaiyandi Karuppasamy Temple and two others and the third plaintiff is the petitioner herein. The relief claimed in the suit is as follows:- 8/11 https://www.mhc.tn.gov.in/judis
WMP(MD) NO. 20546 of 2024 etc batch
“1k; thjp Nfhtpyhd kJiu tiyaq;Fsk; fpuhkk;. A/m.kiyahz;b fUg;grhkp Nfhtpy; %g;gdhu; (Kj;jiuau;) rKjha Nfhtpypd; epu;thfk; kw;Wk; Nfhtpy; tpohf;fspd; Vw;ghLfis rKjha Kiwg;gb 1 Kjy; 3 thjpfs; epu;tfpf;fNtz;Lnkd;W tpsk;Gif gupfhuk; NfhupAk;> kJiu Rw;Wtl;lk;> tiyaq;Fsk; fpuhkk;> A/m.kiyahz;b fUg;grhkp Nfhtpiy gpujpthjpfs; Fwpg;ghf 8 Kjy; 10 gpujpthjpfs; Nfhtpypd; goikia ve;jtpjj;jpYk; njhe;juT nra;af;$lhJ kw;Wk; ,Uf;Fk; fl;likg;ig
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5. A reading of the above relief will clearly demonstrate that it is similar to the relief claimed in the writ petition and therefore, the representation has been rightly made by the counsels.
6. The order now sought to be recalled was passed as early as on
14.06.2023. The learned counsel for the petitioner submits that the said order was passed ex parte. This fact is incorrect as the order will clearly show the petitioner was represented by counsel. Further, perusal of the proceedings in O.S.No.134 of 2018 clearly shows that the petitioner herein is the plaintiff in the said suit and that he has been actively prosecuting the same. Therefore, the very basis on which the present petitions have been filed to recall the earlier
order dated 14.06.2023 is devoid of any merit. 9/11 https://www.mhc.tn.gov.in/judis
WMP(MD) NO. 20546 of 2024 etc batch
7. Accordingly, these petitions are dismissed. 16-09-2025 skn To
1. The Secretary to Government of Tamil Nadu The Department of Hindu Religious and Charitable Endowment State Government of Tamil Nadu Chennai 600 009.
2. The Commissioner, Hindu Religious and Charitable Endowment Board, Madurai.
3. The Joint Commissioner, Hindu Religious and Charitable Endowment Board, Madurai.
4. The Assistant Commissioner, Hindu Religious and Charitable Endowment Board. Madurai.
5. Thakkar / Executive Officer Arulmighu Baladandayuthapani Temple Nethaji Road Madurai 625 001. 10/11 https://www.mhc.tn.gov.in/judis
WMP(MD) NO. 20546 of 2024 etc batch P.T. ASHA. J. skn WMP(MD) Nos. 20546 to 20549 of 2024 and 11387 of 2025 in WP(MD) Nos.23213 of 2021, 18330 of 2020, 17205 of 2022, 5065 of 2023 and 7347 of 2022 16.09.2025 11/11 https://www.mhc.tn.gov.in/judis