BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.01.2026 CORAM THE HONOURABLE Mr. JUSTICE KRISHNAN RAMASAMY W.P.(MD)No.27385 of 2024 & W.M.P(MD)No.23180 of 2024 M.Chellapandi ...Petitioner vs.

1. The State of Tamil Nadu, Rep by the Principal Secretary to Government, Department of Tourism, Culture and Hindu Religious and Charitable Endowment, Fort St. George, Secretariat, Chennai - 9.

2. The Commissioner, Department of Hindu Religious and Charitable Endowment, No. 119, Nungambakkam Highways, Chennai 34.

3. The Joint Commissioner, Department of Hindu Religious and Charitable Endowment, Sivagangai District.

4. The Assistant Commissioner, Department of Hindu Religious and Charitable Endowment, Paramakudi, Ramanathapuram District.

5. G. Chandran

6. S. Rani

7. S. Kannappan ...Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in G.O.(P).No. 244 dated 06.09.2024 on the file of the 1st respondent for appointment of Hereditary Trustees by excluding a trustee from Scheduled Caste Community and quash the same as illegal and consequently directing the respondents to constitute a Board of Hereditary Trustees for Arulmigu Vettudayar Kaliyamman Temple, Ariyakuruchi, Vittaneri, Kalayarkovil Taluk, Sivagangai District in light of section 7-A and 47(C) of Hindu Religious and Charitable Endowments Act, 1959 within time prescribed by this Court.

For Petitioner : Mr.I.Pinaygash For Respondents : Mr.J.K.Jayaselan, Government Advocate for R1 to R4 Mr.V.R.Shanmuganathan for R7

ORDER

This Writ Petition has been filed challenging the impugned order appointing Hereditary Trustees by excluding a trustee from Scheduled Caste Community in G.O.(P).No. 244, Tourism, Culture and Religious Endowments Department, dated 06.09.2024, on the file of the 1st respondent and consequently direct the respondents 1 to 4 to constitute a Board of Hereditary Trustees for Arulmigu Vettudayar Kaliyamman Temple, Ariyakuruchi, Vittaneri, Kalayarkovil Taluk, Sivagangai District, in light of Sections 7-A and 47(C) of Hindu Religious and Charitable Endowments Act, 1959.

2. The learned counsel appearing for the petitioner would submit that, in the present case, the impugned order was passed by the first respondent without including a scheduled caste member as one of the Trustees for Arulmigu Vettudayar Kaliyamman Temple, Ariyakuruchi, Vittaneri, Kalayarkovil Taluk, Sivagangai District. According to him, as per the provisions of Sections 7-A (4) and 47 (1) (c) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (hereinafter called as 'the Act'), it is mandatory on the part of the first respondent to include a scheduled caste member while appointing board of trustees to the temple. Therefore, he would submit that in violation of the provisions of the Sections 7-A (4) and 47 (1) (c) of the Act, the present impugned order has been passed. Hence, the present petition.

3. The learned counsel appearing for the seventh respondent would submit that the respondents 5 to 7 are the trustees, who were appointed by virtue of G.O.(P).No. 244, Tourism, Culture and Religious Endowments Department, dated 06.09.2024. He would submit that, in the present case, the subject temple is covered under the scheme and the scheme was approved by this Court on 11.11.1930. Therefore, the temple comes under Section 7-A (5) of the Act. Section 7-A (5) of the Act is an obstanding clause and it is not necessary to appoint a scheduled caste member as trustee as provided under Section 7-A (4) of the Act. He would also submit that even Section 47 (1) (c) of the Act is subject to proviso to Section 47 (1)(a) of the Act. The proviso refers to the trustees appointed in terms of Section 7-A (4) of the Act. In the present case, the question of appointing trustees under Section 7- A (4) of the Act does not arise because the subject temple is a scheme temple and the schem