[Cites 1, Cited by 0]
Madras High Court
Karthikeyan Achari vs The Commissioner on 20 February, 2026
Author: Krishnan Ramasamy
Bench: Krishnan Ramasamy
W.P.(MD) No.4757 of 2026
BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT
DATED: 20.02.2026
CORAM
THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY
W.P.(MD)No.4757 of 2026
and
W.M.P.(MD).No.3977 of 2026
Karthikeyan Achari,
S/o Esakki Achari,
Officiating Trustee of
Arulmigu Paripoorana Vinayagar Kovil,
Vaikkalpalam, Melapuliyur,
Tenkasi.
Residing at No.203, Keezhamutharamman Kovil Street,
Tenkasi District. ... Petitioner
Vs
1.The Commissioner,
Hindu Religious and Charitable Endowments Department,
119, Uthamar Gandhi Salai,
Nungambakkam,
Chennai-34.
2.The Joint Commissioner,
Hindu Religious and Charitable Endowments Department,
Chidambara Nagar,
Thoothukudi.
3.The Assistant Commissioner,
Hindu Religious and Charitable Endowments Department,
Tenkasi.
1/6
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W.P.(MD) No.4757 of 2026
4.The Executive Officer,
A/m. Thiruvilanji Kumarankoil,
Ilanji, Tenkasi District.
5.The Inspector,
Hindu Religious and Charitable Endowments Department,
Tenkasi. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Certiorarified Mandamus, calling for the
records of the impugned communication of the fourth respondent dated
10.12.2025 arising out of the proceedings in Proceedings No.
5551/2025/A5 2025 dated 27.11.2025 and 21.01.2026 on the file of the
third respondent, quash the same and further direct the respondents to not
to interfere with the management of the present trustees of the petitioner
temple.
For Petitioner : Ms.V.Janaki Devi
For R-1 : Mr.K.Balasubramani,
Special Government Pleader
ORDER
This Writ Petition has been filed challenging the impugned
communication of the fourth respondent dated 10.12.2025, arising out of
the proceedings of the third respondent in Proceedings No.5551/2025/A5
dated 27.11.2025 and 21.01.2026, and to quash the same and
consequently direct the respondents not to interfere with the management
of the petitioner temple by its present trustees.
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2. The petitioner claims to be the officiating trustee of Arulmighu
Paripoorana Vinayagar Kovil, Vaikkalpalam, Melapuliyur, Tenkasi.
According to the petitioner, his father was the Managing Trustee of the
temple and he passed away on 22.12.2025. It is the specific case of the
petitioner that he is a hereditary trustee of the temple and is continuing in
management. However, without issuing any notice to him, the
respondents have appointed the fourth respondent as a Fit Person to the
temple.
3. The learned Special Government Pleader appearing for the
respondents fairly submitted that no prior notice was issued to the
petitioner before appointing the Fit Person and left the matter to the
discretion of this Court.
4. Considering the submissions made on either side, this Court is
of the view that when a person claims to be a hereditary trustee and is in
management of the temple, any action to displace him from such
management or to appoint a Fit Person in his place must necessarily be
preceded by issuance of notice and affording an opportunity of hearing.
Issuance of notice is mandatory in such cases, as the principles of natural
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justice require that no adverse order be passed without affording an
opportunity to the affected party.
5. In the present case, admittedly no such notice was issued to the
petitioner before appointing the fourth respondent as Fit Person.
Therefore, the impugned communication dated 10.12.2025, arising out of
the proceedings in Proceedings No.5551/2025/A5 dated 27.11.2025 and
21.01.2026, is liable to be set aside on the ground of violation of
principles of natural justice.
6. Accordingly, the impugned communication dated 10.12.2025 of
the fourth respondent is set aside.
7. With the above observations, this Writ Petition stands allowed.
No costs. Consequently, the connected miscellaneous petition is closed.
20.02.2026
TSG
Speaking/Non-speaking order
Index : Yes / No
Neutral Citation : Yes / No
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To
1.The Commissioner,
Hindu Religious and Charitable Endowments Department,
119, Uthamar Gandhi Salai,
Nungambakkam,
Chennai-34.
2.The Joint Commissioner,
Hindu Religious and Charitable Endowments Department,
Chidambara Nagar,
Thoothukudi.
3.The Assistant Commissioner,
Hindu Religious and Charitable Endowments Department,
Tenkasi.
4.The Executive Officer,
A/m. Thiruvilanji Kumarankoil,
Ilanji, Tenkasi District.
5.The Inspector,
Hindu Religious and Charitable Endowments Department,
Tenkasi.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/02/2026 09:28:11 pm )
KRISHNAN RAMASAMY, J.
TSG
20.02.2026
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/02/2026 09:28:11 pm )
