Madras High Court
Dr.Vasudevan vs Venkatesan on 1 July, 2025
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
W.A(MD)No.1769 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 01.07.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
and
THE HONOURABLE MR.JUSTICE K.RAJASEKAR
W.A(MD)No.1769 of 2025
and
C.M.P(MD)Nos.10010 & 10011 of 2025
Dr.Vasudevan ... Appellant /
Intervenor
Vs.
1.Venkatesan
2.Sathyanarayanan
3.Govindhan
4.Rengarajan ... Respondents 1 to 4 /
Petitioners
5.The Commissioner,
Hindu Religious and Charitable
Endowments Department,
Nungambakkam, Chennai.
6.The Joint Commissioner,
Hindu Religious and Charitable
Endowments Department,
Sivakasi Zone, Madurai.
1/6
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W.A(MD)No.1769 of 2025
7.The Assistant Commissioner,
Hindu Religious and Charitable
Endowments Department,
Virudhunagar District.
8.The Executive Officer,
Arulmighu Andal Nachiar Devasthanam,
Srivilliputhur.
9.The Chairman,
Board of Trustees,
Arulmighu Andal Nachiar Devasthanam,
Srivilliputhur. ... Respondents 5 to 9/
Respondents 1 to 5
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent to set aside the
impugned order dated 20.06.2025 in W.P(MD)No.16500 of 2025 on the file of
this Court and allow the Writ Appeal.
For Appellant : Mr.S.Srinivasa Raghavan
for Mr.M.Karthikeya Venkitachalapathy
For Respondent : Mr.P.Valliappan, Senior Advocate
for Mr.V.R.Shanmuganathan
for R1 to R4
Mr.P.Subburaj
Special Government Pleader
for R.5 to R.7
Mr.M.Kannan for R8
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W.A(MD)No.1769 of 2025
JUDGMENT
(By G.R.SWAMINATHAN, J.)
Heard both sides.
2.This Writ Appeal is directed against the order dated 20.06.2025 made
in WP(MD)No.16500 of 2025 filed by the respondents 1 to 4 herein. The writ
petitioners filed the said writ petition for reinstallation of Utsava Murthi of
Arulmigu Srinivasa Perumal at Thiruvannamalai Hillock situated outside of
Srivippliputhur. Kumbabishegam for Arulmighu Srinivasa Perumal is to be
held on 14.07.2025.
3.The claim of the writ petitioners was contested by the appellant by
filing an intervention petition. The learned single Judge directed the authority
under the HR&CE Act to decide the issue. However, in paragraph no.7, a
direction was given for taking the Utsavar to the temple on the day of
kumbabishekam which is to be held on 14.07.2025. When the learned single
Judge rightly directed the authority under the HR&CE Act to decide the issue,
it may not have been appropriate to pass any interim direction set out in
paragraph no.7. When there is a factual controversy, the disputed issues have
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to be resolved first. The writ petitioners would be entitled to relief only at the
conclusion of such an enquiry and not before that. In any event, the direction
set out in paragraph no.7 could not have been issued in favour of the writ
petitioners when they had been relegated to avail the statutory remedy.
4.We therefore set aside the direction set out in paragraph no.7 alone of
the order passed by the learned single Judge. Other parts of the impugned order
passed by the learned single Judge are left intact.
5.This Writ Appeal is partly allowed. There shall be no order as to costs.
Consequently, connected miscellaneous petitions are closed.
[G.R.S., J.] [K.R.S., J.]
01.07.2025
NCC : Yes / No
Internet : Yes / No
Index : Yes / No
MGA
To
1.The Commissioner,
Hindu Religious and Charitable
Endowments Department,
Nungambakkam,
Chennai.
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2.The Joint Commissioner,
Hindu Religious and Charitable
Endowments Department,
Sivakasi Zone,
Madurai.
3.The Assistant Commissioner,
Hindu Religious and Charitable
Endowments Department,
Virudhunagar District.
4.The Executive Officer,
Arulmighu Andal Nachiar Devasthanam,
Srivilliputhur.
5.The Chairman,
Board of Trustees,
Arulmighu Andal Nachiar Devasthanam,
Srivilliputhur.
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G.R.SWAMINATHAN, J
and
K.RAJASEKAR, J.
MGA
01.07.2025
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