W.P.(MD) No.397 of 2026 BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 08.01.2026 CORAM THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY W.P.(MD)No.397 of 2026 and W.M.P.(MD)No.382 of 2026 Suresh Kannan ... Petitioner Vs 1. The Joint Commissioner, Tamil Nadu Hindu Religious and Charitable Endowments, Madurai Division, Madurai District. 2. The Inspector, Tamil Nadu Hindu Religious and Charitable Endowments, Solavandhan, Madurai District. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari calling for the records relating with the impugned enquiry notice dated 26.12.2025 issued by the 2nd respondent and quash the same as illegal. For Petitioner : Mr.R.G.Shankar Ganesh for Mr.S.Vellaichamy For Respondents : Mr.K.Balasubramani, Spl. Govt. Pleader 1/6 https://www.mhc.tn.gov.in/judis W.P.(MD) No.397 of 2026 O R D E R This Writ Petition is filed challenging the impugned enquiry notice dated 26.12.2026 issued by the 2nd respondent. 2. By consent, this Writ Petition is taken up for final disposal at the admission stage itself. 3. According to the petitioner, he and his ancestors are worshipping their village gods namely Arulmigu Sri Durki Amman and Arulmigu Sri Aathi Ayyanar. On every tamil month Vaigasi, (May-June), and Puratasi (October-Novermbet) festivals are celebrating for the above said gods. However one of the villager namely Sureshkannan, is approached the officials and disturb the customary practice by celebrating the temple festival. Therefore, the petitioner and 4 others are filed a an application in O.A.No.33 of 2025 under Section 64(1) of “the Hindu Religious and Charitable Endowments Act, 1959” (hereinafter referred to as “the Act”) for framing the scheme. In the said application, the first respondent is supposed to conduct enquiry and thereafter, pass orders with regard to framing of scheme. However, to the shock and 2/6 https://www.mhc.tn.gov.in/judis W.P.(MD) No.397 of 2026 surprise, the 2nd respondent has issued the impugned notice directing the petitioner and 4 others to appear for enquiry along with the relevant documents. Challenging the same, the petitioner has filed this Writ Petition. 4. The learned counsel appearing for the petitioner would submit that the 2nd respondent is not a competent authority to conduct enquiry with regard to the application filed under Section 64(1) of Act and without having any jurisdiction, the second respondent has issued the impugned notice. Therefore, the same is liable to be set aside. 5. The learned Special Government Pleader appearing for the respondents would submit that only to assist the Joint Commissioner, the 2nd respondent has issued the impugned notice directing the petitioner and 4 others to appear for enquiry along with all relevant documents. He further submits that even the copy of said notice was also forwarded to the 1st respondent. Hence, he opposes this petition. 6. Considering the facts and circumstances of the case, this Court is of the view that in respect of the application filed under Section 3/6 https://www.mhc.tn.gov.in/judis W.P.(MD) No.397 of 2026 64(1) of the Act with regard to framing of scheme, the 1st respondent viz., Joint Commission has power to conduct an enquiry. After conducting enquiry, the first respondent can frame the scheme. However, beyond the scope of the provisions of the Act, the 2nd respondent viz., the Inspector has issued the impugned notice, directing the petitioner to appear for enquiry. Therefore, the impugned order is liable to be set aside. 7. Accordingly, the impugned enquiry notice issued by the 2nd nd respondent is set aside and the Writ Petition is allowed. If at all, the 1st respondent is intended to conduct any enquiry in connection with the original application filed by the petitioner, he may issue notice to the petitioner and directed to furnish the document if any as required by the Joint Commissioner. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs. 08.01.2026 Index : Yes/No Neutral Citation: Yes/No vsm 4/6 https://www.mhc.tn.gov.in/judis W.P.(MD) No.397 of 2026 To 1. The Joint Commissioner, Tamil Nadu Hindu Religious and Charitable Endowments, Madurai Division, Madurai District. 2. The Inspector, Tamil Nadu Hindu Religious and Charitable Endowments, Solavandhan, Madurai District. 5/6 https://www.mhc.tn.gov.in/judis W.P.(MD) No.397 of 2026 KRISHNAN RAMASAMY, J. vsm W.P.(MD)No.397 of 2026 08.01.2026 6/6 https://www.mhc.tn.gov.in/judis