IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:26.09.2025 C O R A M THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.No.41683 of 2025 P.Balasubramaniam ... Petitioner Vs

1.The Commissioner, Hindu Religious & Charitable Endowment Department, Nungambakkam, Chennai-600034.

2.The Joint Commissioner, Hindu Religious & Charitable Endowment Department, Dr.Balasundaram salai, Coimbatore-641 018.

3.The Assitant Commissioner, Hindu Religious & Charitable Endowment Department, Jawans Bhavan, 2^nd Floor, Gandhiji road, Erode-638 001.

4.The Executive Officer (A/M.Chinna Ongaliyamman Temple )

In charge of A/M.Padavetttiamman & A/M.Vaempadi Muthusamy temple, Tiruchengodu Town and Taluk, Namakkal District.

5.The Fit person, (At Present), A/M.Padavetttiamman and A/M.Vaempadi Muthusamy temple, Pillur village, Paramathi Taluk, Namakkal District, Office at, A/M Chinna Ongaliyamman Temple, Tiruchengodu Town and Taluk, Namakkal District.

6.The Joint Commissioner, Hindu Religious & Charitable Endowment Department, Erode.

[R-6 impleaded vide order dated 26.09.2025 made in W.P.No.37259 of 2025] ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari calling for records pertaining to the proceedings issued by the 1^st Respondent in Se.Mu.Ne.Mu.No:1011675/2024/L5 dated 11.08.2025 and quash the same.

For Petitioner : Ms.V.S.Usharani For Respondents : Mr.K.Karthikeyan, Government Advocate (HR & CE)

for RR-1 to 6

O R D E R

Challenging the order passed by the 1^st respondent appointing the 4^th respondent as an Executive Officer of the subject temple, the present Writ Petition has been filed.

2. Mr.K.Karthikeyan, learned Government Advocate (HR & CE) takes notice on behalf of respondents 1 to 6.

3. Brief facts that are necessary for disposal of this Writ Petition are:-

The petitioner is the president of the management committee constituted for the management and administration of Chinna Ongaliyamman Thirukoil, Thiruchengode taluk, Namakkal district. However, the 3^rd respondent had appointed a 'fit person' vide proceedings dated 06.02.2023 without following the mandatory provisions contemplated under Section 47 of the Special Enactment. Thereafter, a petition under Section 64(1) of Tamil Nadu HR & CE Act was filed in O.A.No.8 of 2023 before the Joint Commissioner, Erode for framing of schemes and the said application was allowed on merits vide order dated 07.08.2025. However, without publishing the schemes framed by the Joint Commissioner, Erode, the present impugned order has come to be passed by the 1^st respondent appointing the Executive Officer for the aforesaid temple under Section 45(1) of Tamil Nadu HR & CE Act. Being aggrieved by the same, the petitioner has come up with the present Writ Petition.

4. Learned counsel appearing for the petitioner submitted that, though the petitioner was serving as a de-facto trustee by taking care of the administration of the temple, no opportunity of hearing was given to the petitioner before passing the impugned order which is in violation of principles of natural justice as well as the procedure contemplated under Section 47 of the Tamil Nadu HR & CE Act. Therefore, it is prayed that this Court may issue a direction to the respondents to publish the schemes framed by the Joint Commissioner, Erode in the Official Gazette within the time frame that may be stipulated by this Court and also liberty may be granted to the petitioner to file an application under Section 64-B of the Tamil Nadu HR & CE Act for appointment of a fit person.

5. Learned Government Advocate (HR & CE) appearing for the respondents submitted that the schemes framed by the Joint Commissioner, HR & CE, Erode in O.A.No.8 of 2023 will be published in the Official Gazette and thereafter, the petitioner's application for appointment of fit person will be considered and appropriate orders will be passed within the time that may be stipulated by this Court.

6. The petitioner has challenged the im