Madras High Court
A.Karuppasamy vs The Joint Commissioner on 11 June, 2025
Author: C.Saravanan
Bench: C. Saravanan
W.P.(MD) No.15122 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 11.06.2025
CORAM
THE HON'BLE MR.JUSTICE C. SARAVANAN
W.P.(MD) No.15122 of 2025
and
W.M.P.(MD) Nos.11371 & 11373 of 2025
1.A.Karuppasamy
2.B.Ramasubramaniyan ... Petitioners
Vs.
1.The Joint Commissioner,
Hindu Religious and Charitable
Endowments Department,
B1 Road, Ellis Nagar,
Madurai - 625 017,
Madurai District.
2.The Assistant Commissioner,
Hindu Religious and Charitable
Endowments Department,
Nachi Street, Virudhunagar,
Virudhunagar District.
3.The Executive Officer,
Arulmigu Vaithiyanathaswamy Temple,
Madavar Valagam,
Srivilliputhur,
Virudhunagar District. ... Respondents
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W.P.(MD) No.15122 of 2025
PRAYER : Writ Petition filed under Article 226 of the Constitution of
India, for issuance of a Writ of Certiorari to call for the records of the
Impugned Notice issued by the third respondent on 02.04.2025 and quash
the same as illegal.
For Petitioners : Dr.C.Guhaseelarupan
For R1 & R2 : Mr.S.S.Madhavan
Additional Government Pleader
For R3 : Mr.P.Mahendran
Standing Counsel
ORDER
The petitioners have filed this Writ Petition challenging the
Impugned Notice dated 02.04.2025 issued by the third respondent.
2.The petitioners are the sons of late Mr.K.Angappan and late
Mr.S.Balakrishnan. While they were purportedly managing the affairs of
Arulmigu Angala Eswari - Malayala Karuppasamy Temple, situated at
Madavarvalagam, Srivilliputhur, Virudhunagar District, the third
respondent was appointed as Fit Person by the second respondent under
Section 49(1) of the Tamil Nadu Hindu Religious and Charitable
Endowments Act, 1959, vide order dated 02.02.2011.
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3. The aforesaid order was the subject matter of challenge by the
respective petitioners’ father before the Civil Court, i.e., the Additional
Sub Court, Srivilliputhur, in O.S.No.117 of 2011. The said suit was
dismissed on 21.12.2018 on account of Section 108 of the Tamil Nadu
Hindu Religious and Charitable Endowments Act, 1959. The appeal in
A.S.No.18 of 2019, filed against the judgment and decree dated
21.12.2018 in O.S. No.117 of 2011, was also dismissed by the Additional
District and Sessions Judge, Srivilliputhur on 10.02.2022, granting liberty
to file a revision petition under Section 21-A of the Tamil Nadu Hindu
Religious and Charitable Endowments Act, 1959, pursuant to which,
R.P.No.1 of 2022 was filed by the respective petitioners’ father on
16.05.2022, and the same is pending as on date. The respective
petitioners’ father passed away on 21.06.2022 and 22.11.2024.
Subsequently, the petitioners filed another application under Section 63(b)
of the Tamil Nadu Hindu Religious and Charitable Endowments Act,
1959, for a declaration that the post of trusteeship in the aforesaid temple
is hereditary.
4. It is in this background that the impugned communication, which
has been challenged in this Writ Petition, has been issued, wherein the
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third respondent has called upon the petitioners to hand over control of
the temple. The fact remains that the third respondent, though appointed
as Fit Person as early as 02.02.2011, has not been able to take control of
the said temple as Fit Person for the reasons stated above.
5. Considering the fact that R.P.No.1 of 2022 is pending before the
first respondent-Joint Commissioner, H.R. & C.E., there shall be a
direction to the first respondent-Joint Commissioner to dispose of the
same on merits and in accordance with law, within a period of six weeks
from the date of receipt of a copy of this order.
6. Considering the fact that a separate petition has been filed under
Section 63(b) of the Act, there shall be a further direction to the first
respondent-Joint Commissioner to number and dispose of the same on
merits and in accordance with law, within a period of six months from the
date of receipt of a copy of this order.
7. It is made clear that both the proceedings, i.e., R.P. No.1 of 2022
and the petition filed under Section 63(b) of the Act, shall not be clubbed
together.
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8. Accordingly, this Writ Petition stands disposed of. No costs.
Consequently, connected Miscellaneous Petitions are closed.
11.06.2025
JEN
Index : Yes / No
Internet : Yes / No
Neutral Citation : Yes/No
Speaking Order / Non-Speaking Order
To
1.The Joint Commissioner,
Hindu Religious and Charitable Endowments Department,
B1 Road, Ellis Nagar, Madurai - 625 017,
Madurai District.
2.The Assistant Commissioner,
Hindu Religious and Charitable Endowments Department,
Nachi Street, Virudhunagar,
Virudhunagar District.
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C.SARAVANAN, J.
JEN
and
W.M.P.(MD) Nos.11371 & 11373 of 2025
11.06.2025
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