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2026 Supreme(Online)(Mad) 4582

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr.Justice D.BHARATHA CHAKRAVARTHY
S.Mani – Appellant
Versus
The Commissioner – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23-01-2026 CORAM THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.No.2635 of 2026 S.Mani, S/o.Saminathan, 159/37, Saraswathi Nagar, Chinnakollapatti, Salem-636 008. … Petitioner Vs.

1. The Commissioner, Hindu Religious and Charitable Endowments Department, Uttamar Gandhi Salai, Nungambakkam, Chennai-600 034.

2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Salem.

3.The Executive Officer, A/m.Vennankodi Muniappasamy Temple, Jagir Amma Palayam, Salem. … Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to calling for the records relating to the proceedings in Se.Mu.Na.Ka.No.3787/2022/E1, dated 10.12.2025 on the file of the 2nd respondent herein and quash the order passed therein.

For Petitioner: M/s.G.Sumira For Respondent: Mr.N.R.R.Arun Natarajan, Spl.G.P. (HR& CE), for R1 to R3

O R D E R

The writ petition is filed with a prayer challenging the proceedings dated

10.12.2025 on the file of the 2nd respondent. By the said order, a fit person is appointed to take charge of the temple.

2. The case of the petitioner is that the petitioner is claiming to be the Hereditary Trustee of the temple and originally the petitioner was declared to be the Hereditary trustee. Third parties who have no connection with the temple belatedly filed an appeal and erroneously the matter was remanded back. After the remand, the application of the petitioner came to be dismissed.

3. The petitioner is aggrieved by the same. As such, the petitioner has already preferred an appeal in A.P.No.2 of 2026 before the first respondent. Even before the said appeal is taken up for hearing, now the fit person is appointed, therefore, the petitioner is before this Court.

4. I have considered the said submission made by the Learned Counsel for the petitioner and also heard the learned Special Government Pleader appearing on behalf of the respondents.

5. Since the petitioner’s application has already been dismissed, hereafter the right of the petitioner would be depending upon any interim or final order that may be passed by the first respondent in the appeal. The petitioner cannot approach this Court to restrain the respondents to appoint a fit person. Obviously, the fit person is not appointed on any misconduct that is alleged against the petitioner, but only because the application of the petitioner for appointing himself as the Hereditary trustee has been dismissed. Therefore, if only any interim order is passed in favour of the petitioner, or the final order is passed in favour of the petitioner, automatically the management of the temple will vest with the petitioner. Otherwise, the respondents will proceed further to appoint a non-Hereditary trustee as per law, depending on the ultimate result in the appeal that is filed by the petitioner. In the meanwhile, the prayer of the petitioner not to appoint fit person cannot be countenanced, as the temple is to be administered.

6. Therefore, the writ petition is disposed of with a direction to the first respondent to take up A.P.No.2 of 2026, filed by the petitioner, as expeditiously as possible and pass orders thereon, in any event not later than three months from the date of receipt of the web copy of this order without waiting for the certified copy of the order.

There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

23-01-2026 Neutral Citation:No bsm To

1. The Commissioner, Hindu Religious and Charitable Endowments Department, Uttamar Gandhi Salai, Nungambakkam, Chennai-600 034.

2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Salem.

3. The Executive Officer, A/m.Vennankodi Muniappasamy Temple, Jagir Amma Palayam, Salem.

4. The Government Pleader, High Court, Madras.

D.BHARATHA CHAKRAVARTHY, J.

bsm

23-01-2026

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