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2025 Supreme(Online)(Mad) 73015

IN THE HIGH COURT OF JUDICATURE AT MADRAS
HONOURABLE MR. JUSTICE G.R.SWAMINATHAN
K.V.Kannan – Appellant
Versus
The Commissioner – Respondent



BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.11.2025 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN K.V.Kannan ... Petitioner Vs.

1. The Commissioner, Hindu Religious & Charitable Endowments Department (HR&CE), Nungambakkam, Chennai. 2. The Joint Commissioner, Hindu Religious & Charitable Endowments Department (HR&CE), Tanjore.

3. The Assistant Commissioner, Hindu Religious & Charitable Endowments Department(HR&CE), Pudukottai.

4. The Fit Person/Executive Officer, Arulmighu Senbaga Sastha Ayyanar Temple, Nambooranipatty, Thirumayam Taluk, Pudukottai District.

5. V.A.Karuppaiah ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent to dispose of the petition filed by the petitioner under Section 53(2) of the Tamil Nadu Hindu Religious & Charitable Endowments Act, 1959 in O.A.No.22 of 2024 on the file of the second respondent within the time limit that may be stipulated by this Court.

For Petitioner : Mr.S.Mohamed Kadhar For R-1 to R-4 : Mr.G.Suriya Ananth, Additional Government Pleader.

* * *

O R D E R

Heard the learned counsel appearing for the writ petitioner and the learned Additional Government Pleader appearing for respondents 1 to 4.

2. Issuance of notice to the fifth respondent is dispensed with.

3. It is not in dispute that the fifth respondent is functioning as a hereditary trustee for the petition-mentioned temple. The petitioner had given complaint against the fifth respondent. The petitioner wants action to be taken against the fifth respondent for the reasons set out in his petition. The petition was submitted way back in the year 30.09.2024. The Joint Commissioner, HR&CE Department, Thanjavur had called upon the jurisdictional Inspector of HR&CE to conduct enquiry and submit report. It appears that such report has not been submitted till date. When the second respondent had already called upon the third respondent to submit report, it is the duty of the second respondent to follow up the same. In any event, such report shall be obtained by the second respondent within a period of six weeks from the date of receipt of a copy of this order. If the report indicates that there is any prima facie truth in the petitioner's complaint, then an enquiry will be conducted as per law and the petition shall be disposed of within a period of four months, thereafter. Before passing final order the fifth respondent has to be necessarily put on notice, since the writ petition being disposed of in the absence of the fifth respondent. I make it clear that the merits of the matter have not been gone into. All the contentions of the fifth respondent are left open. This writ petition stands disposed of accordingly. No costs.

21.11.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU To:

1. The Commissioner, Hindu Religious & Charitable Endowments Department (HR&CE), Nungambakkam, Chennai. 2. The Joint Commissioner, Hindu Religious & Charitable Endowments Department (HR&CE), Tanjore.

3. The Assistant Commissioner, Hindu Religious & Charitable Endowments Department(HR&CE), Pudukottai.

4. The Fit Person/Executive Officer, Arulmighu Senbaga Sastha Ayyanar Temple, Nambooranipatty, Thirumayam Taluk, Pudukottai District.

G.R.SWAMINATHAN,J.

PMU

21.11.2025

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