2026:MHC:336 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21-01-2026 CORAM THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY WP No. 1903 of 2026 and W.M.P.No.2005 of 2026 Elumalai.D (a) Settu ..Petitioner Vs

1. The Commissioner, HR and CE Department, Nungambakkam, Chennai- 600 034.

2. The Joint Commissioner, HR & CE Department, Master Plan Complex, Viluppuram- 605 602.

3. The Election Officer/ Assistant Commissioner, HR & CE Department, Kallakurichi.

4. The Assistant Commissioner/Executive Officer, Arulmigu Angalamman Thirukoil, Melmalaiyanoor, Gingee Taluk, Villupuram District- 604 204.

..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Certiorari, calling for the records relating to the first respondent’s G.O.(P).No. 42 of the Tourism, Culture and Endowments (A.N.3- 1) Department dated 14.02.2024 in so far as it relates to 2 years tenure for the trustees of the fourth respondent temple, the first respondent’s proceedings in Na.Ka.2265398/2025/A1 dated 23.12.2025 and the third respondent’s proceedings on the Trustees Election Schedule 2025- 2026 dated 07.01.2026 and quash the same.

For Petitioner: Mr.K.Sakthivel For R1 to R4: Mr.N.R.R.Arun Natarjan Special Government Pleader

ORDER

This writ petition is filed for a writ of Certiorari, calling for the records relating to the first respondent’s G.O.(P) No. 42 of the Tourism, Culture and Endowments (A.N.3-1) Department, dated 14.02.2024, in so far as it relates to the two year tenure for the trustees of the fourth respondent temple; the first respondent’s proceedings in Na.Ka. No. 2265398/2025/A1 dated 23.12.2025; and the third respondent’s proceedings in the Trustees Election Schedule 2025–

2026 dated 07.01.2026 and to quash the same.

2. Upon hearing the learned counsel for the petitioner and perusing the material records of the case, the grievance of the petitioner is that the respondents have now notified the constitution of the Trust Board in respect of the seven families in which the trusteeship would devolve hereditarily as per the scheme. Since the trusteeship devolves by way of succession and is hereditary in nature, once the trustees are hereditary trustees, the tenure prescribed under Section 47(3) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 as two years will not be applicable and the original tenure prescribed is three years. Therefore, this election notification should also take the same into consideration.

3. Earlier, the issue was agitated before this Court in W.P. No. 39109 of

2024 and the same was decided holding that Section 47(3) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 would prevail over any scheme and that the tenure would be only two years. While deciding the said writ petition, the fact that these trustees were hereditary trustees and that Section 47(3) of the HR & CE Act, would not be applicable was not brought to the notice of this Court. Therefore, the petitioner has once again approached this Court with reference to the tenure.

4. The learned counsel would specifically point out the definition of the term “hereditary trustee” as contained in Section 6(11) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959. Thereafter, the learned counsel would take this Court to Section 47(2) and submit that, on a combined reading of the definition of the term “hereditary trustee” along with the scheme, it can be seen that only persons belonging to the seven families alone are vested with hereditary trusteeship by way of succession. As such, they are hereditary trustees and once they are termed as hereditary trustees, by virtue of Section 47(1) read with Section 47(3) of the HR & CE Act, the reduction of tenure should not be applied in the instant case and the tenure should be only three years.

5. Per contra, Mr.N.R.R.Arun Natarajan, the learned Special Government Pleader appearing for the respondent 1 to 4 would submit that even on a perusal of