Madras High Court
Saravanan vs The Commissioner on 11 March, 2025
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
W.A.(MD)No.1395 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 11.03.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
and
THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
W.A.(MD)No.1395 of 2022
and
C.M.P.(MD)No.11113 of 2022
Saravanan ... Appellant
Vs.
1.The Commissioner,
Hindu Religious and Charitable
Endowments Department,
Chennai.
2.The Joint Commissioner,
Hindu Religious and Charitable
Endowments Department,
Trichirappalli,
Trichirappalli District.
3.The Assistant Commissioner,
Hindu Religious and Charitable
Endowments Department,
Pudukkottai, Pudukkottai District.
4.The Executive Officer,
Pudukottai Devasthanam,
Pudukkottai District.
1/6
https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/03/2025 11:33:39 am )
W.A.(MD)No.1395 of 2022
5.S.Narayanasamy
6.Chellappan
7.Arivalagan
8.Ramaraj ... Respondents
Prayer : Writ Appeal filed under Clause XV of Letters Patent, to allow the
writ appeal and set aside the order dated 04-07-2022 passed in
W.P.(MD).No.2435 of 2015 on the file of this Court.
For Appellant : Mr.D.Parisuthanathan
For Respondents : Mr.K.S.Selvaganesan,
Addl. Government Pleader for R1 to R3.
Mr.G.Mathavan for R4.
JUDGMENT
(Judgment of the court was delivered by G.R.Swaminathan, J.)
Heard both sides.
2.The case on hand pertains to the affairs of Arulmighu Mariammal
@ Selliamman Temple, Sundampatti, Gandarvakottai Taluk, Pudukkottai
District. The Commissioner, Hindu Religious and Charitable
https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/03/2025 11:33:39 am )
Endowments Department, Chennai had issued proceedings dated
18.06.2014 including the petition mentioned temple in the list of small
temples. He had also brought the temple under the overall supervision
and control of Hindu Religious and Charitable Endowments Department.
A further direction was given for appointing a fit person and to constitute
board of trustees. Pursuant to the direction, the Assistant Commissioner,
Hindu Religious and Charitable Endowments Department, Pudukkottai
issued order dated 30.07.2014 appointing a fit person for the temple.
Challenging the order dated 18.06.2014, the appellant filed
W.P.(MD)No.2435 of 2015 and challenging the order dated 30.07.2014,
the appellant filed W.P.(MD)No.12586 of 2018. Both the writ petitions
were dismissed vide order dated 04.07.2022 on the ground of laches.
Questioning the same, this writ appeal has been filed.
3.It is well settled that any temple in South India is a public
temple. This is a general presumption. It is for the individual concerned
to obtain declaration to the contrary. Any public temple in Tamil Nadu
has to be necessarily under the control and supervision of Hindu
Religious and Charitable Endowments Department. Therefore, the order
https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/03/2025 11:33:39 am )
dated 18.06.2014 including the petition mentioned temple in the list of
small temples has to be sustained and it is accordingly sustained.
4.However, there was no need or warrant to straightaway issue a
direction for appointing a fit person. A fit person is appointed only if
there is mismanagement. In any event, the Assistant Commissioner has
no power to appoint a fit person for a listed temple. Therefore, the order
dated 30.07.2014 passed by the Assistant Commissioner appointing a fit
person is set aside. The order impugned in this writ appeal is modified
accordingly and the writ appeal is partly allowed. No costs.
Consequently, connected miscellaneous petition is closed.
(G.R.S. J.,) & (M.J.R. J.,)
11.03.2025
NCC : Yes/No
Index : Yes / No
Internet : Yes/ No
ias
https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/03/2025 11:33:39 am )
To:
1.The Commissioner,
Hindu Religious and Charitable
Endowments Department,
Chennai.
2.The Joint Commissioner,
Hindu Religious and Charitable
Endowments Department,
Trichirappalli,
Trichirappalli District.
3.The Assistant Commissioner,
Hindu Religious and Charitable
Endowments Department,
Pudukkottai, Pudukkottai District.
4.The Executive Officer,
Pudukottai Devasthanam,
Pudukkottai District.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/03/2025 11:33:39 am )
G.R.SWAMINATHAN, J.
and
M.JOTHIRAMAN, J.
ias
11.03.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/03/2025 11:33:39 am )
