The appointments of Hereditary Trustees were made on an ad-hoc basis, and the relief sought could not be granted until the disposal of the pending writ petition and the order of appointment of the sixth respondent remained.

JUDGMENT

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st respondent to recognize and appoint the Petitioner Scheme Trustees being the fit person to the ''Vandiyur Nacharammal Kattalai'' U/s.53(4) of the Hindu Religious and Charitable Endowment Act 1999.

Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st to 3rd respondents to permit the petitioner to participate and performing the Chithirai Festival function in the Pasali 1432 year at our Madurai Vandiyur Natcharammal Trust Mandapam and getting the Parivatta Mariyathai in the Chithirai Festival at the time of Lord Kalzhagar arrival on 05.05.2023 and 06.05.2023.)

Common Order:

1. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. Since the issue arises in both the writ petitions are similar in nature, both the writ petitions are heard together and disposed of by this common order.

2. W.P.(MD) No.11298 of 2023 has been filed for a mandamus to the first respondent to recognize and appoint the petitioner ''Scheme Trustees'' being the fit person to the ''Vandiyur Nacharammal Kattalai'' under Section 53(4) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (for brevity ''the Act''). Similarly, W.P.(MD) No.11352 of 2023 has been filed for a mandamus to respondents 1 to 3 to permit the petitioner to participate and performing the Chithirai Festival function in the Fasli year 1432 at Madurai Vandiyur Natcharammal Trust Mandapam and getting the ''Parivatta Mariyathai'' in the Chithirai Festival at the time of Lord Kallazhagar arrival on 05.05.2023

3. Learned counsel appearing for the petitioner in W.P.(MD) No. 11298 of 2023 would submit that the petitioner''s father is a Hereditary Trustee of Madurai Vandiyur Nacharamman Parambarai Arangattalai. Earlier, his father M.P.Anantham Pillai, is the trustee of the temple, however, he was not allowed to take over the charge and the Hindu Religious and Charitable Endowments Department (for brevity ''HR & CE Department'') appointed the Executive Officer to continue the endowments of the Mandagapadi. Challenging the same, the petitioner''s father filed a writ petition before this Court in W.P.(MD) No. 33163 of 2002. Pending writ petition, the petitioner''s father died and other person impleaded as a party and this Court set aside the appointment of the Executive Officer and directed the HR & CE Department to hand over the charges to the Hereditary Trustee, which was challenged upto the Apex Court and the Apex Court held the handing over of the trusteeship in favour of the Hereditary Trustee. Accordingly, the official respondents recognized the petitioner as a ''Trustee'' vide order, dated 20.03.2003 and appointed one Dhakshinamoorthy, Pitchaiammal, Madhavan, Pappathy @ Parvathi, Chandran, Logambal @ Pitchammal, Muthusamy, M.Tirupathi and Veluchamy Pillai as the Hereditary Trustees. Even thereafter, there was a dispute with regard to the management of the trust and thereafter, the dispute was landed before the Joint Commissioner, HR & CE Department, who passed an order on 29.01.2019, recognizing one Pitchaiammal and appointed her as an ad-hoc hereditary trustee. The said order dated 29.01.2019 was not challenged and thereafter, another Joint Commissioner passed an order on 19.01.2021 appointing D.Babyammal, as the Hereditary Trustee. However, subsequently the said Babyammal, died. Thereafter, no one was appointed as the Hereditary Trustee and challenging the said appointment of Hereditary Trustee of Babyammal, dated 19.01.2021, the son of Babyammal, namely, D.Murugan, filed a writ petition before this Court in W.P.(MD) No.9449 of 2021 and this Court granted interim stay in W.M.P.(MD) No.7173 of 2021 by its order, dated 12.05.2021 and as against the interim order, one D.Tamil Ganesan, filed a writ appeal before this Cour