The appointment of a Fit Person by the HR & CE Department requires adherence to principles of natural justice, including prior notice, and must be justified by claims of mismanagement; otherwise, it is unlawful.

JUDGMENT :

S.SRIMATHY, J.

The writ appeal is filed against the order dated 24.03.2025 passed in W.P.(MD)No.7995 of 2025.

2. The writ petition was filed for Writ of Certiorarified Mandamus, to quash the proceedings dated 09.06.2018 passed in Na.Ka.No.2827/2018/A1 by 3^rd respondent and the consequential proceedings dated 22.10.2024 passed by the 4^th respondent and consequently, to forbear the respondents from interfering with the peaceful administration of Arulmighu Muthaaramman Temple, Nadukkalangudyiruppu Village, by the Village Administrative Committee in any manner.

3. The brief facts are that the Nadukkalangudyiruppu Village is located at Udangudi Panchayat Union, Thiruchendur Taluk Thoothukudi District, wherein around 330 families are there in the village and all the families belong to the Hindu Nadar community including the writ petitioner. The writ petitioner's forefathers had founded a temple named "Arulmighu Muthaaramman Thirukovil", which is non-listed and is existing for more than 200 years. Initially, it was established with a thatched roof, then constructed and developed by that community people at different points of time. There is no Hundial or Kodimaram inside the temple. The practices adopted in the temple are unique and exclusive and not constructed as per any Agamas, hence the temple is a denominational temple. The deity is worshipped as the guardian of the village exclusively belonging to that community and their forefathers are buried there. The community people of the entire village manage and administer the day-to-day affairs of the temple through a committee elected among themselves under the name and style of "Hindu Nadargal Samuthayam" Nadukkalangudyiruppu, Udangudi. The writ petitioner is the present elected President. There are more than 14 deities in the temple with Navagraham. The primary God is Arultharum Sri Muthaaramman. Apart from the primary deity, there are 12 other deities - viz., Uchimakaliamman, Mariamman, Bairavar, Sudalai Easwarar, Sengadeshwarar, Murugan, Vinayagar, Veerabadrar, Sri Mahakaleshwarar with Nandi, Dhakshinamoorthy and Pechiamman with idols available in the temple precincts. The idols in stone were placed in 1979 and a stone culvert available in the temple precincts proves the same. Two other deities viz., Sri Katrerum Perumal and Sri Narayanaswamy are the ancestors and Kula Guru of the community. Sri Katrerum Perumal is the ancestor and buried inside the temple and there is a separate shrine without any idol. Likewise for Sri Narayanaswamy, his wooden nail footwear is kept as symbolic presence. In short, the "Arulmighu Muthaaramman Thirukovil" is the main village temple available in the village and it is established by one community people. The Maha Kumbhabishekam of the temple was lastly celebrated in 2014 after putting up further constructions and improvements. As in every Hindu temple, several functions, festivals and rituals spread across the year are regularly and periodically celebrated in the temple also. Apart from that, there will be a special pooja conducted on every Ammavasai for "Sri Katrerum Perumal" and it is their faith and belief that through "Samy Aduthal" he speaks through the community siblings. Then the deity, through the medium is believed to make predictions for the future welfare of the community people in the village. All the community people only after getting "Arulvakku" in the form of permission fixed dates for family celebrations & functions like weddings, ear boring ceremonies etc. as customary practice for time immemorial. Their regular practice