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IN THE HIGH COURT OF JUDICATURE AT MADRAS
D.BHARATHA CHAKRAVARTHY
Arul Mighu Kaliamman Temple, Represented through its, hereditary trustees – Appellant
Versus
Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment Department, Nungambakkam, Chennai – Respondent
| Table of Content |
|---|
| 1. factual background involving temple trusteeship and administrative history. (Para 1 , 2 , 3) |
| 2. parties' contentions regarding arbitrary fit-person appointment and management allegations. (Para 4 , 5 , 6 , 7) |
| 3. property title vests in the deity under charitable endowments. (Para 8 , 9 , 10 , 11) |
| 4. hereditary trusteeship claims must be determined under section 63(b) of the hr&ce act. (Para 12 , 13 , 14) |
| 5. final orders mandate procedural compliance and maintain administrative status quo. (Para 15) |
ORDER :
D. BHARATHA CHAKRAVARTHY, J.
The present writ petition has been filed to quash the impugned proceedings passed by the 2nd respondent dated 24.03.2026. By the said order, a fit person was appointed to manage the Arulmighu Kaliamman Temple, Oonjampatti, Theni Taluk, Theni District.
2. Upon hearing the learned counsel for the petitioners and perusing the material records of the case, it is the petitioners claim that the petitioners father/grandfather built the temple. Furthermore, he had also endowed certain properties for conducting the poojas in respect of the temple. After the grandfather, the petitioners have continued to administer the temple.
3. Earlier, when third p
The court upheld the appointment of a fit person for temple administration under Section 49 of the H.R.&C.E. Act, emphasizing the need for substantiated claims regarding trusteeship amid ongoing disp....
The court determined that the temple does not qualify as a public religious institution under the Hindu Religious and Charitable Endowments Act, affirming prior appointments made by authorities.
Hereditary trusteeship rights require formal recognition, and appointments should follow due process under the Hindu Religious and Charitable Endowments Act.
The appointment of a 'Fit Person' in temples is permissible to protect properties from alienation, and claimants asserting hereditary trusteeship must prove their non-involvement in such transactions....
The court upheld the appointment of a fit person for temple administration, emphasizing that prior claims by the petitioner were withdrawn, negating his right to contest the appointment without a hea....
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