Madras High Court
Kulanthai Selvam vs P.C.Chandran on 20 March, 2025
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
W.A(MD) No.1449 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 20.03.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
AND
THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
W.A(MD) No.1449 of 2022
and
C.M.P.(MD)No.11679 of 2022
1.Kulanthai Selvam
2.M.Pandi
3.R.Vijayakumar
4.S.Sureshkumar
5.M.Mookusamy
6.K.Kannan ... Appellants / Respondents 6,9,10,11,12&13
Vs
1.P.C.Chandran
2.Krishnan ... 1st & 2nd Respondents / 1st & 2nd Respondents
3.The Commissioner,
Hindu Religious and Charitable Endowments,
Nungampakkam High Road,
Chennai-34.
1/6
https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/04/2025 05:56:52 pm )
W.A(MD) No.1449 of 2022
4.The Joint Commissioner,
Hindu Religious and Charitable Endowments,
Madurai,
Madurai District.
5.The Assistant Commissioner,
Hindu Religious and Charitable Endowments,
Madurai,
Madurai District.
6.The Inspector,
Hindu Religious and Charitable Endowments,
Madurai,
Madurai District. ... Respondents 3 to 6 / Respondents 1 to 4
7.Mahalingam
8.R.Murugan
9.M.Venkatesan ... Respondents / Respondents
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, praying
this Court to set aside the Judgment dated 30.03.2022 in W.P.(MD)No.
2409 of 2022 on the file of this Court.
For Appellant : Mr.VR.Shanmuganathan
For Respondents : Mr.S.Rajasekar
for R1, R2 & R7
: Mr.M.Saravanan
for R8 & R9
: Mr.K.S.Selvaganesan
Additional Government Pleader
for R3 to R6
2/6
https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/04/2025 05:56:52 pm )
W.A(MD) No.1449 of 2022
ORDER
(Order of the Court was made by G.R.SWAMINATHAN, J.)
Heard both sides.
2. The case on hand pertains to the management of Arulmighu
Ayyanar and Sonai Karuppannasamy Thirukovil, Pappakudi Village,
Madurai District. The writ petitioners filed W.P.(MD)No.2409 of 2022
for directing the official respondents to ensure that the hereditary trustees
are appointed as per the scheme earlier framed. The learned single Judge
vide order dated 30.03.2022 disposed of the writ petition in the following
terms:-
“3. Under these circumstances, I dispose this writ petition by
directing the Joint Commissioner to dispose O.A.No.19 of 2021, in which
the petitioners have impleaded themselves as respondents. This exercise
shall be carried out by the second respondent within a period of six months
from the date of receipt of copy of this order. The second respondent is
therefore directed to pass appropriate orders in accordance with law
keeping in mind the provisions of the Hindu Religious and Charitable
Endowments Act, 1959 and Constitution of India and other enactments
that are applicable.”
https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/04/2025 05:56:52 pm )
Aggrieved by the said order, this writ appeal has been filed by the
appellant who figured as the 6th respondent in the writ petition.
3. When we posed a question as to why against an order directing
disposal of an application, the writ appeal has been filed, the learned
counsel appearing for the appellant submitted that in Paragraph No.2 of
the order, certain adverse findings have been given. The said findings
stand vacated. We direct the Joint Commissioner, HR & CE Department,
Madurai to club all the OAs (O.A.No.9 of 2021, O.A.No.45 of 2021 &
O.A.No.7 of 2025) and dispose them within six months. The Joint
Commissioner shall not ask for any extension of time. All the parties are
strictly directed to extend their co-operation. If any one of the parties
fails to co-operate, they will be set exparte. The matter will be disposed
of on merits. The writ petitioners are entitled to place reliance on the
order dated 12.12.1977 made in O.A.No.29 of 1977. Likewise, the
appellant herein can also collaterally question it. The Joint
Commissioner will issue notices to all the interested parties before
passing final order.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/04/2025 05:56:52 pm )
4. The Writ Appeal is disposed of. No costs. Consequently,
connected miscellaneous petition is closed.
(G.R.S., J.) (M.J.R., J.)
20.03.2025
Index : Yes / No
Internet : Yes / No
NCC : Yes / No
rmi
To
1.The Commissioner,
Hindu Religious and Charitable Endowments,
Nungampakkam High Road,
Chennai-34.
2.The Joint Commissioner,
Hindu Religious and Charitable Endowments,
Madurai,
Madurai District.
3.The Assistant Commissioner,
Hindu Religious and Charitable Endowments,
Madurai,
Madurai District.
4.The Inspector,
Hindu Religious and Charitable Endowments,
Madurai,
Madurai District.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/04/2025 05:56:52 pm )
G.R.SWAMINATHAN, J.
AND
M.JOTHIRAMAN, J.
rmi
20.03.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/04/2025 05:56:52 pm )
