BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 03.12.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

AND

THE HONOURABLE MRS.JUSTICE R.KALAIMATHI

W.A(MD)No.765 of 2020

P.Subramanian ... Appellant /

Writ Petitioner

Vs.

1.The Commissioner,

Hindu Religious and Charitable

Endowment Department,

Chennai – 600 034.

2.The Joint Commissioner,

Hindu Religious and Charitable

Endowment Department,

Trichy.

3.The Executive Officer,

Arulmigu Ponnar Sankar Temple,

Valanadu,

Marungapuri Taluk,

Trichy District.

4.The Fit Person,

Arulmigu Ponnar Sankar Temple,

Valanadu,

Marungapuri Taluk,

Trichy District.

5.N.R.Thiruvengatam

6.R.Chandrasekar ... Respondents /

Respondents Prayer: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 25.10.2019 in W.P(MD)No.22763 of 2019 and allow the writ appeal.

For Appellant : Mr.T.S.Mohamed Mohideen For Respondents : Mr.J.K.Jeyaselan Government Advocate for R.1 & R.2 Mr.A.N.Ramanathan for R.3 Mr.G.Mathavan for R.4

JUDGMENT

(Judgment of the Court was made by G.R.Swaminathan J.)

Heard both sides.

2.The appellant herein filed W.P(MD)No.22763 of 2019 for directing the Commissioner, HR&CE, Chennai to dispose of the petition mentioned suo motu revision proceedings. The Joint Commissioner, HR&CE had submitted a report for cancelling the order earlier passed declaring that the office of trustee of the petition mentioned temple is hereditary. This said writ petition was dismissed by the learned single Judge vide order dated 25.10.2019 on the ground that the writ petitioner lacks the locus standi. Aggrieved by the same, this Writ Appeal has been filed.

3.Section 6(15) of the Tamil Nadu HR&CE Act, 1959 reads as follows:

“6(15) “person having interest” means—

(a) in the case of a math, a disciple of the math or a person of the religious persuasion to which the math belongs;

(b) in the case of a temple, a person who is entitled to attend at or is in the habit of attending the performance of worship or service in the temple, or who is entitled to partake or is in the habit of partaking in the benefit of the distribution of gifts thereat;

(c) in the case of a specific endowment, a person who is entitled to attend at or is in the habit of attending the performance of the service or charity, or who is entitled to partake or is in the habit of partaking in the benefit of the charity;

(d) in case of samadhi, brindhavan or any other institution established or maintained for a religious purpose, a person who is entitled to attend at or is in the habit of attending the performance of worship or service in such religious institution, or who is entiled to partake or in the habit of partaking in the benefit of the distribution of gifts thereat; ”

4.This definition has been interpreted in quite a few decisions.

Any Hindu is entitled to offer his worship and therefore his locus standi cannot be questioned. The writ petitioner clearly falls within the ambit of the definition set out in Section 6(15) of the Act. This aspect of the matter was not taken note by the learned single Judge. On this sole ground, the order passed by the learned single Judge is set aside.

5.The first respondent is directed to conclude the petition mentioned suo motu revision proceedings on merits and in accordance with law after putting all the interested persons on notice within a period of six months from the date of receipt of a copy of this order. We make it clear that we have not gone into the merits of the matter.

6.This Writ Appeal is allowed accordingly. No costs.

[G.R.S., J.] [R.K.M, J.]

03.12.2025

1/3 NCC : Yes / No Index : Yes / No Internet : Yes/ No MGA To

1.The Commissioner, Hindu Religious and Charitable Endowment Department, Chennai – 600 034.

2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Trichy.

3.The Executive Officer, Arulmigu Ponnar Sankar Temple, Valanadu, Marungapuri Taluk, Trichy District.

4.The Fit Person, Arulmigu Ponnar Sankar Temple, Valanadu, Marungapuri Taluk, Trichy District.

G.R.SWAMINATHAN,J.

AND R.KALAIMATHI , J