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K.Shanmugavel Mudaliar vs The Commissioner
2026 Latest Caselaw 134 Mad

Citation : 2026 Latest Caselaw 134 Mad
Judgement Date : 9 January, 2026

[Cites 20, Cited by 0]

Madras High Court

K.Shanmugavel Mudaliar vs The Commissioner on 9 January, 2026

    2026:MHC:135




                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                              Order reserved on : 02.12.2025                  Order pronounced on : 09.01.2026


                                                                 CORAM
                                   THE HONOURABLE MR JUSTICE P.B. BALAJI

                                               W.P.Nos.36565 & 14190 of 2024
                                                  & WMP.Nos. 39423, 43141,
                                           15383 to 15385 of 2024 & 48226 of 2025

                     W.P.No.36565 of 2024:

                     1.K.Shanmugavel Mudaliar
                     2.S.Kaaviya Laxmy
                     3.S.Kumarasamy                                                           ... Petitioners


                                                                     Vs.

                     1.The Commissioner,
                     HR & CE, (A) Administration Department,
                     Nungambakkam, Chennai – 600 034.

                     2.The Joint Commissioner,
                     HR & CE, Administration Department,
                     Kanchipuram,
                     Kanchipuram District – 631 501.

                     3.The Executive Officer/Fit Person,
                     A/M.Ranganatha Perumal Temple,
                     Thiruneermalai, Chennai – 600 044.



                     1/27




https://www.mhc.tn.gov.in/judis                   ( Uploaded on: 12/01/2026 05:15:02 pm )
                     4.The Executive Officer,
                     A/M, Agastheeswarar Temple,
                     Having office at A/M, Thirusulanathan Swami Temple,
                     Thirusulam, Chennai – 600 043.

                     5.The Inspector of Police,
                     S6, Sankar Nagar,
                     Pammal, Chennai – 600 075.                                        ... Respondents

                     Prayer: Writ Petition filed under Article 226 of Constitution of India, to
                     issue a Writ of Declaration, declaring that the order of the 2 nd respondent
                     dated 28.05.2024 in Na.Ka.No.544/2024/A1 and all the connected
                     proceedings as null and void and the continuance of the 4 th respondent as
                     Executive Officer and the 3rd respondent as Fit Person in the petitioners'
                     Temple as being illegal and violative of the judgment of the Hon'ble Apex
                     Court reported in 2014 (1) CTC 763 and also the terms and conditions for
                     appointment of Executive Officers Rules 2015 also violated and
                     consequently direct the respondents 1 to 4 to hand over the administration of
                     the temples to the petitioners being the Hereditary Trustees and to remove
                     all seal and locks.

                                  For Petitioners        : Mr.T.Saikrishnan

                                  For Respondents : Mr.N.R.R.Arun Natarajan
                                                    Special Government Pleader for RR1 to 4
                                                    Mr.M.Murali
                                                    Government Advocate for R5



                     W.P.No.14190 of 2024:


                     2/27




https://www.mhc.tn.gov.in/judis              ( Uploaded on: 12/01/2026 05:15:02 pm )
                     1.K.Shanmugavel Mudaliar
                     2.S.Kaaviya Laxmy
                     3.S.Kumarasamy                                                   ... Petitioners


                                                               Vs.

                     1.The Commissioner,
                     HR & CE, (A) Administration Department,
                     Nungambakkam, Chennai – 600 034.

                     2.The Joint Commissioner,
                     HR & CE, Administration Department,
                     Kanchipuram,
                     Kanchipuram District – 631 501.

                     3.The Executive Officer/Fit Person,
                     A/M.Ranganatha Perumal Temple,
                     Thiruneermalai, Chennai – 600 044.

                     4.The Inspector of Police,
                     T4 Sankar Nagar Police Station,
                     Pammal, Chennai – 600 075.                                       ... Respondents

                     Prayer: Writ Petition filed under Article 226 of Constitution of India, to
                     issue a Writ of Certiorarified Mandamus, calling for the records on the file
                     of the 2nd respondent relating to the impugned order passed by the 2 nd
                     respondent dated 19.03.2024 in Se.Mu.Na.Ta.Na.Ka.No.544/2024/AA1 and
                     quash the same and to direct the respondents to restore the original
                     possessions all damages and missing things and to forbear the respondents,
                     their agents, subordinates from interfering with the petitioners' peaceful
                     administration and management of temples, till the character of instructions
                     is adjudicated in the manner known to law.

                     3/27




https://www.mhc.tn.gov.in/judis             ( Uploaded on: 12/01/2026 05:15:02 pm )
                                        For Petitioners        : Mr.S.Sarath Kumar

                                        For Respondents : Mr.N.R.R.Arun Natarajan
                                                          Special Government Pleader for RR1 to 3
                                                          Mr.M.Murali
                                                          Government Advocate for R4


                                                        COMMON ORDER


W.P.No.14190 of 2024 has been filed by the petitioners, to quash the

impugned order of the 2nd respondent dated 19.03.2024, in and by which, the

Executive Officer of Arulmigu Ranganatha Perumal Thirukoil,

Thiruneermalai has been appointed as the Fit Person for the subject temple

and for consequential orders.

2.W.P.No.36565 of 2024 has been filed by the writ petitioners to

quash the order dated 28.05.2024 and connected proceedings as null and

void and to declare the continuance of the 4 th respondent, the Executive

Officer and the 3rd respondent/Fit Person to the petitioners' Temple as illegal

and violative of the judgment of the Hon'ble Supreme Court and also Terms

and Conditions of Appointment of the Executive Officers Rules, 2015 and

to consequently direct the respondents 1 to 4 to hand over administration of

https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/01/2026 05:15:02 pm ) the temple to the petitioners, who are the hereditary trustees, after removing

the seal and locks.

3.I have heard Mr.T.Saikrishnan, learned counsel for the petitioners in

W.P.No.36565 of 2024 and Mr.S.Sarath Kumar, learned counsel for the

petitioners in W.P.No.14190 of 2024 and Mr.N.R.R.Arun Natarajan, learned

Special Government Pleader for the respondents 1 to 4 in W.P.No.36565 of

2024 and respondents 1 to 3 in W.P.No.14190 of 2024 and Mr.M.Murali,

learned Government Advocate for the 5th respondent in W.P.No.36565 of

2024 and the 4th respondent in W.P.No.14190 of 2024.

4.The learned counsel appearing for the petitioners in both the writ

petitions would submit that the petition temple, Arulmigu Agatheeswarar

Temple, Pozhichalur, is a private temple which was established by the

petitioners' ancestors within the residential premises, situate on grama

natham lands. The lands admittedly belong to the Government and not to the

HR & CE Department. The learned counsel for the petitioners would also

state that a Inam Ryotwari Patta was granted under Section 8(1) of the Tamil

Nadu Minor Inam (Abolition and Conversion into Ryotwari) Act, 1963, in

https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/01/2026 05:15:02 pm ) favour of the trustees and at no point of time, the temple has been

considered as a public religious endowment and consequently, it is neither

covered under Section 1(3) of the Act nor falls within the definitions under

Sections 6(17) and 6(20) of the HR & CE Act. In fact, the learned counsel

would also invite my attention to the civil dispute as regards the character of

the temple and its properties, being private or public, being pending

pursuant to the orders of the Hon'ble Supreme Court in Civil Appeal No.789

of 2017 etc., dated 30.07.2025, where the Hon'ble Supreme Court has

directed the Sub-Court, Alandur to decide O.S.Nos.896, 726 and 103 of

2021 on merits and in accordance with law, without being prejudiced or

influenced by any of the orders passed earlier.

5.It is therefore contended by the learned counsel for the petitioners

that when the statutory suit is pending, without a final adjudication

regarding the nature and character of the temple and its properties, the

respondents could not have unilaterally exercised right to appoint an

Executive Officer/Fit Person and attempt to take over the administration and

management of the temple.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/01/2026 05:15:02 pm )

6.It is also brought to my notice that though the petitioners filed a suit

in O.S.No.118 of 2009, which was subsequently transferred and renumbered

as O.S.No.20 of 2022, came to be dismissed, it will not operate as res

judicata and the character and status of the temple as well as the hereditary

trusteeship of the petitioners is at large before the Sub-Court in the above

referred suit. The learned counsel for the petitoners would also state that

while matters stood there, in and by the impugned order dated 19.03.2024, a

Fit Person has been appointed for the petitioner temple.

7.The grievance of the petitioners is that the said order was passed in

gross violation of principles of natural justice and without even issuing a

notice under Section 54(3) r/w Section 23 of the HR & CE Act, which

mandates a notice to be issued. It is therefore contended by the learned

counsel for the petitioners that the impugned order is in flagrant violation of

not only the statutory provisions, but also principles of natural justice. In

fact, it is also the further contention of the learned counsel for the petitioners

that the impugned order dated 19.03.2024 is ante-dated and was never

served on the petitioners and under the guise of the appointment of a Fit

https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/01/2026 05:15:02 pm ) Person under the impugned order, the Executive Officer/Fit Person

trespassed into the petitioners temple and forcibly took over the

administration, throwing the mandatory procedure under Section 101 of the

HR & CE Act, to the winds. The petitioners have filed a criminal complaint

before the District Munsif cum Judicial Magistrate, Pallavaram and the same

is pending enquiry.

8.The learned counsel for the petitioners would also contend that the

presumption drawn by the Department that the petitioners temple is a public

temple is merely based on a wrongful assumption by the Department that

since the trustees have been appointed by the Department, it would confer

the status of a public temple. In this regard, it is contended by the learned

counsel for the petitioners that when the statutory suit is pending, no such

presumption would have been drawn by the respondents and the exercise of

all subsequent actions were clearly illegal, unlawful and liable to be set

aside.

9.The learned counsel for the petitioners would also brought to my

notice, the order passed by this Court in one of these writ petitions, namely

https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/01/2026 05:15:02 pm ) W.P.No.14190 of 2024 on 25.05.2024, where this Court finding that the 1 st

petitioner, K.Shanmugavel Mudaliar was acting as the hereditary trustee and

his legal heirs would be entitled to succeed to the post of the hereditary

trustee and that none else can step into his shoes, granted liberty to any of

the legal heirs of the 1st petitioner to file an appropriate application, seeking

to appoint themselves as hereditary trustees. In fact, this Court held as

follows, “as and when such application is filed, the same shall be allowed.

Till an order is passed by the competent authority, the Fit Person can

continue to discharge his duty.”. This order dated 25.05.2024 has become

final and it virtually disposes of both the writ petitions in my considered

opinion. The legal heirs of the 1 st petitioner were directed to file an

application, seeking to appoint themselves as hereditary trustees and no

discretion was left to the respondents, as this Court issued a positive

direction that as and when such application is filed, it shall be allowed.

10.According to the petitioners, the 2 nd and 3rd petitioners, being legal

heirs of the 1st petitioner, have submitted applications on 03.06.2024,

06.04.2025 and again on 29.10.2025. Despite the same, no orders have been

passed to discharge the Fit Person and recognize the succession to the

https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/01/2026 05:15:02 pm ) hereditary trusteeship. In fact, the learned counsel for the petitioners, relying

on several orders of this Court, would also contend that under Section 54(1)

of the Act, succession to hereditary trusteeship is automatic and there was

no need to even make an application in the first place. However, in

compliance with the orders of this Court on 25.05.2024, formal applications

have also been made.

11.The learned counsel for the petitioners would also invite my

attention to the order passed by the Hon'ble Supreme Court in Civil Appeal

No.803 of 2020, where the Hon'ble Supreme Court held that a Fit

Person/Executive Officer cannot be appointed, without considering the

entitlement of the heirs. The learned counsel for the petitioners would also

invite my attention to the order passed by this Court in CMP.No.4895 of

2018 and CRP.No.1123 of 2014, where this Court taking note of the fact

that no action that will precipitate the status quo of the plaintiff shall be

passed, without the leave of the civil Court where the statutory suit is

pending. This order has also become final, according to the petitioners and

therefore, the impugned orders are clearly violative of orders of this Court

time and again. They would therefore pray for the writ petitions being

https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/01/2026 05:15:02 pm ) allowed by quashing the impugned proceedings and to restore hereditary

trusteeship to the family of the petitioners.

12.Per contra, Mr.N.R.R.Arun Natarajan, learned Special Government

Pleader appearing for the HR & CE Department would fairly admit that

statutory suit is pending and the Hon'ble Supreme Court has issued certain

directions. However, he would submit that the petitioners have an alternate

remedy to approach the Commissioner, challenging the proceedings of the

2nd respondent under Section 21 of the Act, which is an equally effective and

efficacious remedy. On this ground, it is contended by the learned Special

Government Pleader that the writ petitions are not maintainable.

13.On the merits of the averments set out in the writ petitions, the

learned Special Government Pleader would submit that admittedly the

petitioner temple is a listed temple coming under the control of the

Department under Section 46(i) of the Act and the Executive Officer is

administering the day to day affairs of the temple. The 1 st petitioner is no

longer the hereditary trustee of the temple, as he has been removed vide

proceedings of the Joint Commissioner, HR & CE, Chennai, way back on

https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/01/2026 05:15:02 pm ) 27.02.2009. The said order was challenged by the 1 st petitioner in

W.P.No.3693 of 2009. The same was dismissed, giving liberty to the 1 st

petitioner to file a statutory appeal before the Commissioner, HR & CE

under Section 53(5) of the Act. The 1 st petitioner challenged the order of the

removal before the Commissioner, which was also dismissed on 29.05.2017

in A.P.No.18 of 2009. The 1st petitioner has thereafter filed a statutory suit

under Section 53(6) of the Act before the Sub-Court, Tambaram, in

O.S.No.160 of 2017, which is now transferred to Sub-Court, Alandur and

pending in O.S.No.896 of 2021. The learned Special Government Pleader

would therefore state that when there is no interim order, staying the

proceedings/order of the 2nd respondent, terminating the 1st petitioner, the 1st

petitioner has no locus and cannot contend that he continues to be the

hereditary trustee of the petitioner temple.

14.Insofar as the petitioners 2 and 3, Mr.N.R.R.Arun Natarajan,

learned Special Government Pleader would contend that as on date, they

have not been recorded as hereditary trustees and unless the mandate of

Section 54(2) of Act is followed, they also cannot claim any hereditary

status. He would further contend that despite the order dated 25.05.2024 in

https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/01/2026 05:15:02 pm ) one of the above writ petition in W.P.No.14190 of 2024, the petitioners have

not approached the respondents to record them as the hereditary trustees or

even as interim Fit Persons.

15.The learned Special Government Pleader would further state that

even according to the petitioners, the temple is situate is grama natham lands

and the petitioners cannot claim it to be their property. In such

circumstances, the temple, which is situate on Government property, is only

a public temple and the temple is governed only by the provisions of the

Act, within the meaning of Section 1(2)(3) as well as Section 6(17) and

Section 6(20) of the HR & CE Act.

16.The learned Special Government Pleader would further state that

the petitioners are attempting to distort the order passed in SLP.No.13861 of

2009, which granted an order of status quo between the legal heirs of the

deceased father of the petitioners, regarding succession to the office of

hereditary trusteeship. He would further contend that the petitioners have

not been able to show that the temple was built by their ancestors or

https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/01/2026 05:15:02 pm ) predecessors and the question whether the temple is a private temple or

public temple has been decided in O.S.No.118 of 2009, as well as in

O.S.No.20 of 2025 and CRP.No.1779 of 2019. He would further contend

that the very fact that the 1st petitioner moved the Department under Section

54(1) of the Act for recognition as hereditary trustee, after death of his father

estops the petitioners from turning around and claiming that the temple

would not come under the purview of the HR & CE Act.

17.It is also the specific contention of the learned Special Government

Pleader that there has been gross mismanagement by the petitioners as well

as breach of trust, misappropriation of temple funds and failure to take

proper care of the properties of the temple and as many as 14 charges were

framed against the 1st petitioner, which were all proved after due enquiry,

resulting in his removal from office in 2009. He would therefore state that

there is absolutely no infirmity in the appointment of the Executive

Officer/Fit Person for managing the day to day affairs of the petitioners

temple.

18.In fact, according to the learned Special Government Pleader, the

https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/01/2026 05:15:02 pm ) Executive Officer was appointed even in 1991 under Section 45(1) of the

Act and the 1st petitioner was recorded as a hereditary trustee in the place of

his father on 24.11.1998 and at no point of time, the 1 st petitioner challenged

the appointment of the Executive Officer in 1991. The learned Special

Government Pleader would also state that the petitioner has sold several

acres of the temple property, besides also settling vast extents on his wife,

besides mortgaging temple properties. Promptly action was initiated against

him under Section 53(2) of the Act and therefore even though this Court had

directed the respondents to recognize the 1st petitioner's legal heirs as the

hereditary trustees, firstly no application has been made as directed by this

Court in the order dated 25.05.2024 and secondly, the legal heirs cannot be

expected to take action against the 1st petitioner, their close family member

and therefore, this Court, taking into account the fact that the Court is the

custodian of temple properties, should not direct the recognition of the

petitioners 2/3 as the hereditary trustee, succeeding to the 1st petitioner.

19.The learned Special Government Pleader would also rely on Rule

10(1) of the Appointment of Executive Officers Rules, 2015, which states

that the Rules will not adversely affect the powers of Executive Officers,

https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/01/2026 05:15:02 pm ) who have been holding the post immediately before the date of

commencement of the Rules. It is therefore contended by the learned Special

Government Pleader that the prayer sought for in the above writ petition to

declare the appointment of the Executive Officer/Fit Person as being

violative of the judgment of the Hon'ble Supreme Court is unsustainable,

devoid of merit and liable to be dismissed.

20.It is also the contention of the learned Special Government Pleader

that in 2009, a Fit Person has been appointed by the Joint Commissioner,

pursuant to terminating the 1st petitioner, on account of maladministration

and after dismissal of the suit in O.S.No.20 of 2022 on 03.10.2024 and the

petitioners cannot continue to claim right, that too, by invoking powers

under Article 226 of Constitution of India. The learned Special Government

Pleader would also state that after taking charge of the temple in March

2024, the respondents 3 and 4 have taken several steps to protect the temple

properties, performed regular poojas, maintained the temple premises in

good condition, ensured devotees have comfortable dharshan, drinking

water facility, toilet facility, etc., and that Kumbabishegam is also to be

performed in March 2026 and necessary approvals have already been

https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/01/2026 05:15:02 pm ) received from the Regional Expert Committee, State Expert Committee and

works have already commenced for successful performance of the

Kumbabishegam. The learned Special Government Pleader would therefore

state that the Court exercising parens patria jurisdiction is entitled to protect

the property of the deity and the writ petitions are therefore liable to be

dismissed.

21.I have carefully considered the submissions advanced by the

learned counsels for the petitioners and the learned Special Government

Pleader for the respondents.

22.The discussion and extract of the arguments of the learned counsel

on both sides would amply narrow down the scope of these writ petitions.

The appointment of the Fit Person has been challenged in W.P.No.14190 of

2024 by proceedings dated 19.03.2024. This Court, after hearing the parties,

by order dated 25.05.2024, directed the petitioners to file an appropriate

application, seeking appointment as hereditary trustees and that as and when

such application is filed, this Court, leaving no room for discretion at the

end of the Department, directed that such application will have to be

https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/01/2026 05:15:02 pm ) necessarily allowed and only till such time, an order is passed by the

competent authority, this Court entitled the Fit Person to continue to

discharge his duties.

23.The petitioners 2 and 3, pursuant to the said orders, have written to

the Joint Commissioner on 03.06.2024, referring to the order dated

25.05.2024, seeking to recall the appointment of the Fit Person and to hand

over the charge to the petitioners 2 and 3, whose status as legal heirs is not

in dispute. No doubt, in the said representation, the petitioners have stated

that law does not necessitate them to even make an application, as

succession is automatic. Reliance has been placed on the ratio laid down by

the Hon'ble Supreme Court in Civil Appeal No.803 of 2020 and the

judgment of this Court in 2002 (5) CTC 31.

24.It is however contended by Mr.N.R.R.Arun Natarajan that this

communication dated 03.06.2024 is not in compliance with the directions

issued by this Court on 25.05.2024. Even though as rightly contended by the

learned Special Government Pleader, there was no request to recognize the

petitioners 2 and 3, a reading of the entire communication clearly indicates

https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/01/2026 05:15:02 pm ) that the said communication was sent only pursuant to the order passed by

this Court on 25.05.2024. The petitioners were probably advised that since

the law does not require any formal application, they have not specifically

sought for recognition of their hereditary trusteeship.

25.Even thereafter, another representation was given on 06.04.2025

by the petitioners 2 and 3, where they have specifically sought to be

appointed as the hereditary trustees, without prejudice to their rights in the

pending suits and various orders passed by the Courts. In fact, a further

representation was given by the petitioners 2 and 3 on 29.10.2025, which is

clearly styled as “third formal application”. In such circumstances, I am

unable to countenance the argument of the learned Special Government

Pleader that the petitioners 2 and 3 have not made any formal application

under Section 54(1) in compliance with the orders of this Court dated

25.05.2024.

26.By not acting upon the applications filed by the petitioners 2 and 3,

the respondents have clearly violated the order of this Court dated

https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/01/2026 05:15:02 pm ) 25.05.2024. It is not open to the respondents to contend that the petitioners

have not made any application at all and hence, they are not entitled to be

recognized. The order of this Court dated 25.05.2024 has not been

challenged by the respondents till date and consequently, the failure to

recognize the respondents 2 and 3 as the hereditary trustees is clearly

tantamounting to willful disobedience of the orders of this Court. I do not

see any reason why the petitioners 2 and 3 are disqualified to be recognized

as hereditary trustees.

27.Though it is contended by the Special Government Pleader that the

1st petitioner has indulged in gross misappropriation of assets and funds of

the temple, it is not a ground to disallow the entitlement of the petitioners 2

and 3, who are otherwise entitled to be recognized as hereditary trustees,

especially after the positive direction issued by this Court in one of these

writ petition in W.P.No.14190 of 2024. There was no other option for the

Department but to recognize the petitioners 2 and 3 and discharge the Fit

Person. In view of the above, the petitioners are entitled to succeed in

W.P.No.14190 of 2024. The order dated 19.03.2024 is quashed, the

appointment of Fit Person is set aside and the 3 rd respondent shall pass a

https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/01/2026 05:15:02 pm ) formal order, recognizing the hereditary trusteeship of the petitioners 2 and

3, forthwith. The respondents are also directed to restore the management

and administration of the temple to the petitioners 2 and 3. The parties are

directed to await final orders in the statutory suit pending before the Sub-

Court, Alandur, in compliance with the directions issued by the Hon'ble

Supreme Court.

28.Insofar as W.P.No.36565 of 2024, challenging the order dated

28.05.2024, I do not see any impediment for the administration of the

temple being handed over to the petitioners 2 and 3 and the continuance of

the Executive Officer, 4th respondent is unnecessary. No doubt, the learned

Special Government Pleader has placed reliance on the appointment of

Executive Officers Rules, 2015, which came into effect only after the

decision of the Hon'ble Supreme Court in 2014 (1) CTC 763, but however,

when admittedly the temple has been managed and administered by the

hereditary trustees and even before the 1 st petitioner, his father was

recognized as hereditary trustee and he was in charge up to 1991 and only

pursuant to his demise, a Fit Person was appointed only as a stopgap

arrangement.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/01/2026 05:15:02 pm )

29.Subsequently, when the 1st petitioner was recognized as a

hereditary trustee, there was no longer any requirement to continue with the

Executive Officer and in view of the orders in W.P.No.14190 of 2024 dated

25.05.2024, as well as the directions issued in and by this common order,

the continuance of the Executive Officer is also wholly unnecessary. The

Rules framed in 2015 will not come in the way of the hereditary trustees

taking over the management and administration of the petitioner temple and

the Rules are only subservient to the statutory provisions and cannot over

ride the provisions of the Act.

30.Section 47 of the HR & CE Act deals with a religious institution

included in the list published under Section 46 and can be pressed into

service only when there are no hereditary trustees. Admittedly, the petitioner

temple has hereditary trustees and therefore, the respondents could not have

fallen back on any of the subsections of Section 47 of the Act and proceeded

to appoint an Executive Officer or a Fit Person. In the light of the above,

W.P.No.36565 of 2024 also deserves to be allowed. It is also brought to my

notice by the learned counsel for the petitioners that the respondents are

https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/01/2026 05:15:02 pm ) attempting to lease out the lands belonging to the petitioner temple and

tender has also been called for. In view of the orders passed in these writ

petitions, all such steps and actions taken by the respondents stand nullified

and the parties are directed to await the final decision in the statutory suit

pending, regarding the nature and character of the temple, its properties, as

well as the trusteeship of the petitioners 2 and 3.

31.Equally, the suit filed originally in O.S.No.118 of 2019 and

subsequently renumbered as O.S.No.20 of 2022 did not deal with the

character of the temple or the hereditary trusteeship status of the petitioners.

The said suit was also only filed by the 1 st petitioner and not by the

petitioners 2 and 3. In such circumstances, the dismissal of the said suit will

also not come in the way of the petitioners 2 and 3, exercising their

legitimate rights under the law.

32.The order in CRP.No.1779 of 2019 is sought to be put against the

petitioners by the Special Government Pleader. This Court only confirmed

the dismissal of a stay application filed, that too by the 1 st petitioner and this

Court finding that the order of status quo granted by the Hon'ble Supreme

Court was only with regard to recognizing rights of Varalakshmi and others

https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/01/2026 05:15:02 pm ) as hereditary trustees and not relating to removal of the 1 st petitioner and

appointment of the Fit Person, did not find any merit in the revision. Though

this Court observed that the 1st petitioner having moved the Department

under Section 54(1) for being recognized as hereditary trustee after the death

of his father cannot turn around and contend that the temple would not come

within the purview of the HR & CE Act, these observations in the passing

would not be binding as the Hon'ble Supreme Court in the final order passed

on 30.07.2025 has specifically directed the Sub-Court to decide the matter

on merits and without being influenced by any of the other orders passed

concerning the parties to the lis.

33.With the above observations and directions, these Writ Petitions

are allowed. No costs. Connected Writ Miscellaneous Petitions are closed.

09.01.2026

Neutral Citation: Yes/No Speaking Order/Non-speaking Order Index : Yes / No ata

https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/01/2026 05:15:02 pm ) To

1.The Commissioner, HR & CE, (A) Administration Department, Nungambakkam, Chennai – 600 034.

2.The Joint Commissioner, HR & CE, Administration Department, Kanchipuram, Kanchipuram District – 631 501.

3.The Executive Officer/Fit Person, A/M.Ranganatha Perumal Temple,

https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/01/2026 05:15:02 pm ) Thiruneermalai, Chennai – 600 044.

4.The Executive Officer, A/M, Agastheeswarar Temple, Having office at A/M, Thirusulanathan Swami Temple, Thirusulam, Chennai – 600 043.

5.The Inspector of Police, S6, Sankar Nagar, Pammal, Chennai – 600 075.

P.B. BALAJI,J.

ata

https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/01/2026 05:15:02 pm ) Pre-delivery order made in W.P.Nos.36565 & 14190 of 2024 & WMP.Nos. 39423, 43141, 15383 to 15385 of 2024 & 48226 of 2025

09.01.2026

https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/01/2026 05:15:02 pm )

 
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