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2025 DAILYLAW 206679 (MAD)

S.KARUNAMURTHI v. THE COMMISSIONER

WP/38449/2025 · 2025-10-13

M Dhandapani

Transfer Petitionbody2025

Judgment text

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W.P.No.38449 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 13.10.2025 CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.38449 of 2025 S.Karunamurthi ... Petitioner Vs. 1.The Commissioner, Hindu Religious and Charitable Endowments, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai-34. 2.The Joint Commissioner, Hindu Religious and Charitable Endowments, Gandhi Nagar, Tiruvannamalai. 3.The Joint Commissioner, Hindu Religious and Charitable Endowments, Arulmigu Arunachaleshwarar Temple, Tiruvannamalai-606601. 4.The Executive Officer, T.P.Surya Narayana Chettiar Annadhana Devara Padasalai, No.44, Thiruvoodal Street, Tiruvannamalai-606601. ....Respondents _________ https://www.mhc.tn.gov.in/judis W.P.No.38449 of 2025 PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the first respondent to conduct a proper enquiry into the misappropriation of funds and mismanagement of the Trust Properties belonging to T.P.Surya Narayana Chettiar Annadhana Devara Padasalai Trust, located in Thiruvannamalai, based on the representations made by the petitioner on 04.10.2024 and 17.10.2024, after affording due opportunity to the petitioner in accordance with law. For Petitioner : Mr.A.K.Rajaraman For Respondent : Mr.K.Karthikeyan Government Advocate (HR & CE) O R D E R This Writ Petition has been filed to direct the first respondent to conduct proper enquiry into misappropriation of funds and mismanagement of the Trust Properties belonging to T.P.Surya Narayana Chettiar Annadhana Devara Padasalai Trust located in Thiruvannamalai, based on the representations made by the petitioner on 04.10.2024 and 17.10.2024, after affording due opportunity to the petitioner in accordance with law. _________ https://www.mhc.tn.gov.in/judis W.P.No.38449 of 2025 2. The case of the petitioner is that the petitioner's forefathers established a charitable Trust and the Trust owns and manages various immovable properties situated at Tiruvannamalai, Tirupattur and Polur. Certain properties, namely, the shops are currently administered by the Executive Officer, HR & CE. The petitioner also has right to participate in certain festivals in the Temple. The petitioner on coming to know about certain irregularities and misappropriation of funds, raised objections, due to which, according to the petitioner, the hostility was shown against the petitioner by denying the distribution of Annadhanam tokens during Karthigai Deepam festival and to perform Deepa Aradhanai during Manickavasagar festival. The petitioner relied upon the Founding Deed (Document No.537 of 1936) executed by the Founding Trustee, wherein, it was provided that any beneficiary or descendant of the founder family is entitled to question any misappropriation or mal-administration of the Trust. Accordingly, the petitioner sent several representations dated 04.10.2024, 17.10.2024 and 25.06.2025 seeking remedial action which were not _________ https://www.mhc.tn.gov.in/judis W.P.No.38449 of 2025 considered. Hence, the petitioner is before this Court with the aforesaid prayer. 3. The learned counsel appearing for the petitioner would submit that it would suffice, if the first and second respondents are directed to dispose of the representations of the petitioner, dated 04.10.2024 and 17.10.2024 on merits and in accordance with law, within a specified period. 4. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents. 5. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs the respondent Nos.1 and 2 to consider the representations of the petitioner, dated 04.10.2024 and 17.10.2024 and pass appropriate orders, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. If any rental dues in the temple property are _________ https://www.mhc.tn.gov.in/judis W.P.No.38449 of 2025 to be paid, appropriate action may be taken against the persons who are in occupation of the Temple property and the fourth respondent is directed to intimate the money spent to the deity to the petitioner. 6. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs. Connected miscellaneous petition is closed. 13.10.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No ssb To 1.The Commissioner, Hindu Religious and Charitable Endowments, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai-34. 2.The Joint Commissioner, Hindu Religious and Charitable Endowments, Gandhi Nagar, Tiruvannamalai. _________ https://www.mhc.tn.gov.in/judis W.P.No.38449 of 2025 3.The Joint Commissioner, Hindu Religious and Charitable Endowments, Arulmigu Arunachaleshwarar Temple, Tiruvannamalai-606601. 4.The Executive Officer, T.P.Surya Narayana Chettiar Annadhana Devara Padasalai, No.44, Thiruvoodal Street, Tiruvannamalai-606601. _________ https://www.mhc.tn.gov.in/judis W.P.No.38449 of 2025 M.DHANDAPANI, J. ssb W.P.No.38449 of 2025 13.10.2025 _________ https://www.mhc.tn.gov.in/judis