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2026 DAILYLAW 11083 (MAD)

S.KANDASAMY v. The commissioner

WP/13776/2026 · 2026-04-09

M Dhandapani

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP No. 13776 of 202 __________ Page1 of 8 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09-04-2026 CORAM THE HON'BLE MR JUSTICE M.DHANDAPANI WP No. 13776 of 2026 S.Kandasamy S/o.K.Seerangan 3/76,Azhanpaliyam Kachipalli village K.Vadukapatti post Eddpadi Taluk Salem District ..Petitioner(s) Vs 1. The commissioner Hindu Religious and charitable Endowments Department Salem Region Salem District 2. The Joint Commissioner Hindu Religious and charitable Endowments Department Salem Region Salem District 3. The Assistant Commissioner Hindu Religious and charitable Endowments Department Salem Region Salem District 4. The District collector Fort Main Rd, Salem District-636 001 5. The Revenue Divisional officer Sangagiri Salem District. https://www.mhc.tn.gov.in/judis WP No. 13776 of 202 __________ Page2 of 8 6. The Tahsildar Eddapadi Taluk Sangagiri Salem District 7. The Inspector of Police Kakapalayam police station Salem District 8. R.Ravi S/o.Ramagounder Ekapuram village Sankagiri Taluk Salem District -637 502 9. L.Govindan S/o.Lakshmana Gounder Ekapuram village, Sankagiri Taluk Salem District -637 502 10.Thangam S/o.Chinna tambi No.3N/11,Sri Kuppusami timbars Backside of Govt boys higher secondary school Nainapatti, Eddapadi Taluk Salem District -637 502 11.Govindan S/o.Panchami No.2/210,Ekapuram village Sankagiri Taluk Salem District-637 502 12.Madhaiyan S/o.govindan No.2/162,Ekapuram village sankagiri Taluk Salem District -637502 https://www.mhc.tn.gov.in/judis WP No. 13776 of 202 __________ Page3 of 8 13.Ramachandran S/o.Lakshmanan No.2/182,Ekapuram village sankagiri Taluk Salem District -637502 14.Jayakumar S/o.Ramachandran No.2/186,Ekapuram village sankagiri Taluk Salem District -637502 15.Ramasamy S/o.Lakshmanan No.1-26C1, Ekapuram village sankagiri Taluk Salem District -637502 16.Ramasamy s/o.131,Ekapuram village sankagiri Taluk Salem District -637502 17.Perumal gounder s/o.Ramasamy Ekapuram village sankagiri Taluk Salem District -637502 18.Chinnu S/o.Lakshmanan, No.2-155,Ekapuram village sankagiri Taluk Salem District -637502 19.Mahendran S/o.Vellai Gounder No.2-231,Ekapuram village sankagiri Taluk Salem District -637502 20.Raja S/o.Ramasamy https://www.mhc.tn.gov.in/judis WP No. 13776 of 202 __________ Page4 of 8 No.1-33,Ekapuram village sankagiri Taluk Salem District -637502 21.Sivakumar S/o.Lakshmanan No.2-154,Ekapuram village sankagiri Taluk Salem District -637502 ..Respondent(s) Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of writ of Mandamus directing the respondents 2 and 3 to consider the petitioners representation dated 27.2.2026 and ensure proper protection of the Arulmigu panchumathal Amman Temple/Arulmigu Sri Perumal Swamy Temple, Salem District properties including the temple jewels, gold articles and Hundial collections and to take appropriate action against the respondents 8 to 21 in accordance with law, in order to prevent any misuse or misappropriation of the offering to ensure transparency in the administration of the temple affairs and to safeguard the temple properties and Hundial collections in accordance with law. For Petitioner(s): Mr.U.Gowri Shankar For Respondent(s): Mr.A.V.Meghanathan, Government Advocate (Crl.Side) for R7 Mr.T.M.Rajangam, Government Advocate for R4 to R6 Mr.S.Ravichandran, Special Government Pleader for R1 to R3 Order This Writ Petition is filed by the petitioner to direct the respondents 2 and 3 to consider the petitioners representation dated 27.2.2026to safeguard the temple properties and Hundial collections in accordance with law. https://www.mhc.tn.gov.in/judis WP No. 13776 of 202 __________ Page5 of 8 2. Case of the petitioner is that the Temple viz., Arulmigu Panchumaathal Amman and Arulmigu Sri Perumal Swamy Temple,situated at Ekapuram Village, Sankagiri Taluk, Salem District, is a hereditary temple. However, respondents 8 to 21 are suddenly interfering with the affairs of the temple. Hence, the petitioner filed W.P.No.1602 of 2026, to forthwith take over the administration of the said Temple, wherein, this Court directed the petitioner to approach the authorities under Section 63(b) of the HR & CE Act to establish hereditary trusteeship. The petitioner has already filed an application under Section 63(b) of the HR & CE Act and it is still pending. Since the private respondents unlawfully interfere with the administration of the temple, the petitioner has filed the present writ petition. 3. Learned counsel for the petitioner submitted that due to continuous harassment by the respondents 8 to 21 and police interference, and to safeguard the long-standing religious customs, the petitioner has filed O.S.No.89 of 2023 before the Civil Court at Sangagiri. It is further submitted that despite repeated representations to the official respondents, no effective steps has been taken to take over administration or secure temple assets. Therefore, prays for appropriate orders. https://www.mhc.tn.gov.in/judis WP No. 13776 of 202 __________ Page6 of 8 4. Learned Special Government Pleader (HR & CE) appearing for the respondents 1 to 3 has produced a communication of the Joint Commissioner (HR & CE), Salem, dated 08.04.2026, and submitted that the temple is a private temple and not under the control of HR & CE Department. It is further submitted that necessary action will be taken after the conclusion of the election proceedings. 5. Heard both sides and also perused the materials available on record. 6. It is not in dispute that the temple is a private property and that a dispute exists between the petitioner and respondents 8 to 21 with regard to the administration of the temple. The matter is already pending before the Civil Court in O.S.No.89 of 2023. Since the temple is a private property and is not under the control of HR and CE and as the dispute is between the individuals, this Court is not inclined to go into the merits of the matter in exercise of its writ jurisdiction. Hence, the petitioner is at liberty to redress his grievance before the Civil Court in the pending Suit. Accordingly, this Writ Petition is dismissed. No costs. 09-04-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SK https://www.mhc.tn.gov.in/judis WP No. 13776 of 202 __________ Page7 of 8 To 1. The commissioner Hindu Religious and charitable Endowments Department Salem Region Salem District 2. The Joint Commissioner Hindu Religious and charitable Endowments Department Salem Region Salem District 3. The Assistant Commissioner Hindu Religious and charitable Endowments Department Salem Region Salem District 4. The District collector Fort Main Rd, Salem District-636 001 5. The Revenue Divisional officer Sangagiri Salem District 6. The Tahsildar Eddapadi Taluk Sangagiri Salem District 7. The Inspector of Police Kakapalayam police station Salem District https://www.mhc.tn.gov.in/judis WP No. 13776 of 202 __________ Page8 of 8 M.DHANDAPANI J. sk WP No. 13776 of 2026 09-04-2026 https://www.mhc.tn.gov.in/judis