Madras High Court
G.Kaliyamoorthi vs The Commissioner on 24 June, 2025
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
Writ Petition No.22542 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.06.2025
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Writ Petition No.22542 of 2025
and
W.M.P.Nos.25368 & 25400 of 2025
G.Kaliyamoorthi
S/o.Govindhan
Petitioner
Vs
1.The Commissioner,
Hindu Religious and Charitable Endowment,
Office of the Commissioner HR & CE Admn.
Department, Chennai - 600 034.
2.The Joint Commissioner,
Hindu Religious and Charitable Endowment,
Nagapattinam.
3.Arulmigu Kalluli Mariyamman Temple,
Vennavasal Village, Needamangalam Taluk,
Thiruvarur District.
4.D.Thirugnanasambantham
S/o.Duraisamy
Respondents
Writ Petition filed under Article 226 of the Constitution of
India seeking issuance of a Writ of Certiorari calling for the impugned
order dated 01.07.2024 made in P.M.No.9086/2022/E2 on the file of
1/4
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Writ Petition No.22542 of 2025
Joint Commissioner, HR& CE, Nagapattinam, the first respondent herein
and quash the same.
For Petitioner : Mr.J.Nandagopal
For Respondents : Mr.N.R.R.Arun Natarajan
Special Government Pleader [R1 to R3]
*****
ORDER
This writ petition has been filed challenging the impugned
proceedings of the second respondent dated 01.07.2024.
2. Heard Mr.J.Nandagopal, learned counsel for petitioner and
Mr.N.R.R.Arun Natarajan, learned Special Government Pleader
appearing for respondents 1 to 3.
3. The fourth respondent was appointed as the hereditary
trustee of the third respondent temple by virtue of the order passed by the
second respondent. Aggrieved by the same, the petitioner filed an appeal
before the first respondent. However, the appeal was filed with delay.
The first respondent has returned the papers on the ground that the first
respondent does not have the power or jurisdiction to condone the delay
in filing the appeal. It is under these circumstances, the present writ
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Writ Petition No.22542 of 2025
petition came to be filed before this Court.
4. The first respondent does not have the power to condone the
delay in filing the appeal by virtue of the judgment of the Apex Court in
Ganesan v. Commissioner and others [2019 (3) CTC 469].
5. The issue involved in the present writ petition pertains to the
petitioner questioning the appointment of the fourth respondent as the
hereditary trustee. This issue has to be dealt with on going through the
facts and considering the materials relied upon by the second respondent.
It will be more appropriate if the first respondent deals with this issue
since the scope of going into the facts of the case is very limited in a writ
petition. Hence, this Court exercises its extraordinary jurisdiction under
Article 226 of the Constitution of India and condones the delay and the
petitioner is directed to represent the papers before the first respondent
within a period of one (1) week from the date of receipt of a copy of this
order. The first respondent shall thereafter deal with the appeal on its
own merits and in accordance with law after affording opportunity to the
fourth respondent and final orders shall be passed within a period of four
N.ANAND VENKATESH, J
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Writ Petition No.22542 of 2025
gm
(4) months from the date of receipt of the appeal papers represented by
the petitioner.
This writ petition is disposed of with the above direction. No
costs. Consequently, connected miscellaneous petitions are closed.
24.06.2025
Neutral Citation: Yes/No
Index: Yes/no
Speaking Order/Non-Speaking Order
gm
To
1.The Commissioner,
Hindu Religious and Charitable Endowment,
Office of the Commissioner HR & CE Admn. Department,
Chennai - 600 034.
2.The Joint Commissioner,
Hindu Religious and Charitable Endowment,
Nagapattinam.
3.Arulmigu Kalluli Mariyamman Temple,
Vennavasal Village, Needamangalam Taluk,
Thiruvarur District.
Writ Petition No.22542 of 2025
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