Madras High Court
P.A.M.Sundaravel vs The State Of Tamil Nadu on 24 March, 2025
Author: S.Srimathy
Bench: J. Nisha Banu, S.Srimathy
W.A.(MD)No.743 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 24.03.2025
CORAM:
THE HONOURABLE MRS.JUSTICE J. NISHA BANU
and
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.A(MD)No.743 of 2025 &
C.M.P.(MD)No.5105 of 2025
P.A.M.Sundaravel ... Appellant
Vs.
1.The State of Tamil Nadu,
Rep. by the Secretary to Government,
Tamil Development and Religious Endowment Department,
Fort St. George,
Chennai - 600 009.
2.The Commissioner,
Hindu Religious and Charitable Endowments Department,
Chennai - 600 034.
3.The Joint Commissioner,
Hindu Religious and Charitable Endowments Department,
Tirunelveli - 2.
4.P.K.S.A.A. Brahmaraj
5.V.N.M.S.A. Soundara Pandiyan
6.A.Selvarajan
7.A.Pitchai Kani
1/7
https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/04/2025 10:33:04 am )
W.A.(MD)No.743 of 2025
8.K.S.S.P.A.Ravindran
9.D.Jeya Seelan
10.The Secretary to Government,
Tourism, Culture and Religious Endowment Department,
Fort St.George,
Chennai - 600 009. ... Respondents
Prayer: Writ Appeal filed under Clause 15 of the Letter Patent against the order
of this Court in W.P.(MD)No.477 of 2024, dated 20.01.2025.
For Appellant :Mr.I.Suthakaran
For Respondents :Mr.J.Ashok,
Additional Government Pleader
for R1 to R3
Mr.J.Barathan for R6
***
JUDGMENT
(Judgment of the Court was delivered by S.SRIMATHY, J.)
The present writ appeal is filed against the interim order dated 20.01.2025
passed in W.P.(MD)No.477 of 2024.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/04/2025 10:33:04 am )
2. The prayer in W.P.(MD)No.477 of 2024 is for Writ of Certiorari to
quash the order dated 19.01.2011 in O.A.No.3 of 2003 passed by the Joint
Commissioner of HR & CE, then the order dated 08.02.2012 passed in R.C.No.
18409 of 2011 by the Commissioner HR & CE, G.O.Rt.No.402 dated 28.11.2012
passed by Secretary to Government, Tamil Development and Religious
Endowment Department and G.O.Ms.No.126 dated 12.11.2014 passed by the
Secretary to Government, Tourism Culture and Religious Endowment
Department. The said writ petition was heard along with W.P.(MD)No.30044 of
2024 and W.P.(MD)No.28002 of 2024. The writ court after hearing the
submissions on 20.01.2025, has passed the following order.
"Post the matter after four weeks for the Department to file counter. In
the meantime, the Joint Commissioner, Hindu Religious and Charitable
Endowments Department, Tirunelveli, shall take appropriate steps to
conclude the proceedings in O.A.No.3 of 2003.
2. It is seen that a scheme was framed for the temple two decades ago
and still the temple is not managed by the scheme. In such
circumstances, if the scheme could not be given effect to as required
under law, the Joint Commissioner shall appoint a Fit Person to the
temple."
https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/04/2025 10:33:04 am )
3. In the order impugned in the writ appeal, the writ court has only
stated, the Joint Commissioner shall take appropriate steps to conclude the
proceedings. Further the writ court held, scheme was framed two decades ago
and still the temple is not managed by the scheme. In such circumstances, fit
person was appointed through the order, hence the Fit Person shall manage the
temple.
4. The contention of the appellant is that the W.P.(MD)No.477 of 2024
was filed questioning the jurisdiction of the HR&CE, since the temple is a private
temple. If it is so, then the appellant ought to have filed suit and obtained decree,
as on date there is no such decree. At least the appellant ought to have filed a
petition before the HR&CE authorities to prove the temple is private and no such
finding as on date. Therefore, the said contention cannot be accepted. However,
this observation will not affect the rights of the appellants or the persons
concerned to file appropriate application with a prayer to declare the temple is
private temple.
5. The next contention of the appellant is that the Writ Court has come
to the conclusion, the scheme was framed for the temple two decades ago and had
https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/04/2025 10:33:04 am )
wrongly proceeded as if the scheme could not be implemented, but the fact
remains the scheme is only draft scheme. This Court is of the considered opinion
the present appeal is against the interim order passed in the writ petition. The
appellant is always entitled to prove that the same is only draft or final before the
Writ Court.
6. Further if the appellant or the other persons are aggrieved over the
appointment of fit person through the interim order, then the appellant and other
persons are entitled to file petition to vacate the interim direction. The appellant is
not remediless. Any intra court appeal against interim order is not maintainable.
Only in extraordinary circumstances, such appeal, would be entertained. There is
no such extraordinary circumstance in the present case. Therefore, this Court is
not inclined to entertain the writ appeal.
7. For the reasons stated supra, the writ appeal is dismissed. If at all, the
appellant is aggrieved by the interim order, he is at liberty to file vacate stay
petition and contest the case. No costs. Consequently, connected Miscellaneous
Petition is closed.
[J.N.B., J.] [S.S.Y., J.]
https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/04/2025 10:33:04 am )
24.03.2025
Index :Yes / No
NCC :Yes / No
Speaking / Non-speaking order
mbi
To
1.The Secretary to Government,
Tamil Development and Religious
Endowment Department,
Fort St.George,
Chennai - 600 009.
2.The Commissioner,
Hindu Religious and
Charitable Endowments Department,
Chennai - 600 034.
3.The Joint Commissioner,
Hindu Religious and
Charitable Endowments Department,
Tirunelveli - 2.
4.The Secretary to Government,
Tourism, Culture and Religious Endowment Department,
Fort St.George,
Chennai - 600 009.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/04/2025 10:33:04 am )
J.NISHA BANU, J.
and
S.SRIMATHY, J.
mbi
24.03.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/04/2025 10:33:04 am )
