BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Dated : 08.12.2025

CORAM

THE HONOURABLE MR. JUSTICE B.PUGALENDHI

WP(MD)No.35085 of 2025

and

WMP(MD)No.27783 of 2025

C.Selvakumar ... Petitioner

Vs

1. The Principal Secretary,

Hindu Religious and Charitable

Endowments Department,

Government of Tamil Nadu,

Secretariat,

Chennai – 600 009.

2. The Commissioner,

Hindu Religious and Charitable

Endowments Department,

119, Uthamar Gandhi Road,

Numgambakkam,

Chennai – 600 034.

3. The Joint Commissioner / Executive Officer,

Arulmigu Meenakshi Sundareswarar Temple,

Madurai – 625001. ... Respondents

Writ Petition filed under Article 226 of the Constitution of India,

praying this Court to issue a Writ of Mandamus, directing the 1^st respondent to pass appropriate order by appointing the petitioner as a Non-Hereditary Trustee under Sec.47(1) of the Tamil Nadu Hindu Religious and Charitable Endowments Act 1959, in Arulmigu Meenakshi Sundareswarar Temple, Madurai, based on the petitioner's representation dated 23.11.2025 within a time frame stipulated by this Court.

For Petitioner : C.Selvakumar Party-in-person For R1 and R2 : Mr.J.K.Jeyaseelan, Government Advocate For R3 : Mr.R.Murali

ORDER

The petitioner is a devotee of Arulmigu Meenakshi Sundareswarar Temple. He is also a practicing advocate. He claims that he belongs to the Scheduled Caste Community and he has rendered several services to this temple and despite that, he has not been considered for appointment of non-hereditary trustees for the temple. Aggrieved over the same, he has already filed a writ petition before this court in WP(MD)No.29770 of 2023. This Court, by its order dated 19.08.2024, disposed of the writ petition by granting liberty to the petitioner to apply for the appointment of non-hereditary trustee, if any notification is published by the Department. Now, it is reported that a notification has been issued for appointment of trustees of the Arulmigu Meenakshi Sundareswarar Temple. However, the petitioner has raised his apprehension that the appointments are made only through political influence and the services rendered to the deity and the temple are not given any weightage.

2. Mr.J.K.Jeyaseelan, learned Government Advocate takes notice for the respondents 1 and 2. Mr.R.Murali, learned counsel takes notice for the temple.

3. The Learned Counsel for the respondents denied the allegations made by the petitioner that priority is given to political persons in the selection of trustees. It is submitted that Sections 25A and 26 of the HR and CE Act stipulates certain qualifications and disqualifications based on which the selection of trustees are made.

4. This Court considered the rival submissions made and perused the materials.

5. A Trustee is the administrator of the temple. Though the temple is administered through the Executive Officer, the decisions can be taken by the Executive Officer only with the concurrence of the trustees. The powers of the trustees have been provided under Section 28 of the HR&CE Act which reads as under:

“28.Care required of trustee and his powers-

(1).Subject to the provisions of the Tamil Nadu Temple Entry Authorisation Act, 1947, the trustee of every religious institution is bound to administer its affairs and to apply its funds and properties in accordance with the terms of the trust, the usage of the institution and all lawful directions which a competent authority may issue in respect thereof and as carefully as a man of ordinary prudence would deal with such affairs, funds and properties if they were his own.

(2) A trustee shall, subject to the provisions of this Act, be entitled to exercise all powers incidental to the provident and beneficial administration of the religious institution and to do all things necessary for the due performance of the duties imposed on him.

(3) A trustee shall not be entitled to spend the funds of the religious institution for meeting any costs, charges or expenses incurred by him in any suit, appeal or application or other proceedings for, or