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2025 DAILYLAW 218740 (MAD)

K.Dharmaraj v. The Assistant Commissioner,

WP(MD)/29907/2025 · 2025-10-24

G R Swaminathan

Transfer Petitionbody2025

Judgment text

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W.P(MD)No.29907 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.10.2025 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.29907 of 2025 and W.M.P(MD)Nos.23137 & 23138 of 2025 K.Dharmaraj ... Petitioner Vs. 1.The Assistant Commissioner, Assistant Commissioner Office, HR&CE Department, Virudhunagar. 2.The Executive Officer, Arulmigu Vaithiyanatha Swamy Temple, Madavarvalagam, HR&CE Department, Srivilliputhur, Virudhunagar District. ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records pertaining to the impugned order passed by the first respondent dated 15.07.2025 in his Se.Mu.Na.Ka.No.3005-1/2020/Aa3 and quash the same as illegal. 1/4 https://www.mhc.tn.gov.in/judis W.P(MD)No.29907 of 2025 For Petitioner : Mr.N.Chandrakumar For Respondents : Mr.P.Subbaraj Special Government Pleader for R.1 Mr.M.Kannan for R.2 ORDER Heard both sides. 2.The petitioner challenges the impugned order dated 15.07.2025 passed by the first respondent appointing a fit person for the petition mentioned temple. 3.The learned Special Government Pleader appearing for the department as well as the learned counsel appearing for the fit person submit that the temple in question is a tiny one located on the banks of a water body. The village in question is inhabited by 4 communities. There is no consensus among them regarding the management of the temple. It is also submitted that the Inspector of HR&CE Department has been managing the temple for the last 15 years. In order to perform Thirupani / Kumbabishekam, a fit person has been appointed. 2/4 https://www.mhc.tn.gov.in/judis W.P(MD)No.29907 of 2025 4.The order impugned in the writ petition is appealable. It is for the petitioner to exhaust the remedy available under the Act. In exercise of writ jurisdiction, I do not propose to interfere. 5.Granting the aforesaid liberty to the writ petitioner, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 24.10.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA To 1.The Assistant Commissioner, Assistant Commissioner Office, HR&CE Department, Virudhunagar. 2.The Executive Officer, Arulmigu Vaithiyanatha Swamy Temple, Madavarvalagam, HR&CE Department, Srivilliputhur, Virudhunagar District. 3/4 https://www.mhc.tn.gov.in/judis W.P(MD)No.29907 of 2025 G.R.SWAMINATHAN, J. MGA W.P(MD)No.29907 of 2025 24.10.2025 4/4 https://www.mhc.tn.gov.in/judis