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2026 Supreme(Online)(Mad) 14626

IN THE HIGH COURT OF JUDICATURE AT MADRAS
HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY
Karthikeyan Achari – Appellant
Versus
The Commissioner – Respondent



BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 20.02.2026 CORAM THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY and W.M.P.(MD).No.3977 of 2026 Karthikeyan Achari, S/o Esakki Achari, Officiating Trustee of Arulmigu Paripoorana Vinayagar Kovil, Vaikkalpalam, Melapuliyur, Tenkasi.

Residing at No.203, Keezhamutharamman Kovil Street, Tenkasi District. ... Petitioner Vs

1.The Commissioner, Hindu Religious and Charitable Endowments Department, 119, Uthamar Gandhi Salai, Nungambakkam, Chennai-34.

2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Chidambara Nagar, Thoothukudi.

3.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Tenkasi.

4.The Executive Officer, A/m. Thiruvilanji Kumarankoil, Ilanji, Tenkasi District.

5.The Inspector, Hindu Religious and Charitable Endowments Department, Tenkasi. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the impugned communication of the fourth respondent dated 10.12.2025 arising out of the proceedings in Proceedings No. 5551/2025/A5 2025 dated 27.11.2025 and 21.01.2026 on the file of the third respondent, quash the same and further direct the respondents to not to interfere with the management of the present trustees of the petitioner temple.

For Petitioner : Ms.V.Janaki Devi For R-1 : Mr.K.Balasubramani, Special Government Pleader

ORDER

This Writ Petition has been filed challenging the impugned communication of the fourth respondent dated 10.12.2025, arising out of the proceedings of the third respondent in Proceedings No.5551/2025/A5 dated 27.11.2025 and 21.01.2026, and to quash the same and consequently direct the respondents not to interfere with the management of the petitioner temple by its present trustees.

2. The petitioner claims to be the officiating trustee of Arulmighu Paripoorana Vinayagar Kovil, Vaikkalpalam, Melapuliyur, Tenkasi. According to the petitioner, his father was the Managing Trustee of the temple and he passed away on 22.12.2025. It is the specific case of the petitioner that he is a hereditary trustee of the temple and is continuing in management. However, without issuing any notice to him, the respondents have appointed the fourth respondent as a Fit Person to the temple.

3. The learned Special Government Pleader appearing for the respondents fairly submitted that no prior notice was issued to the petitioner before appointing the Fit Person and left the matter to the discretion of this Court.

4. Considering the submissions made on either side, this Court is of the view that when a person claims to be a hereditary trustee and is in management of the temple, any action to displace him from such management or to appoint a Fit Person in his place must necessarily be preceded by issuance of notice and affording an opportunity of hearing. Issuance of notice is mandatory in such cases, as the principles of natural justice require that no adverse order be passed without affording an opportunity to the affected party.

5. In the present case, admittedly no such notice was issued to the petitioner before appointing the fourth respondent as Fit Person. Therefore, the impugned communication dated 10.12.2025, arising out of the proceedings in Proceedings No.5551/2025/A5 dated 27.11.2025 and 21.01.2026, is liable to be set aside on the ground of violation of principles of natural justice.

6. Accordingly, the impugned communication dated 10.12.2025 of the fourth respondent is set aside.

7. With the above observations, this Writ Petition stands allowed.

No costs. Consequently, the connected miscellaneous petition is closed.

20.02.2026 TSG Speaking/Non-speaking order Index : Yes / No Neutral Citation : Yes / No To

1.The Commissioner, Hindu Religious and Charitable Endowments Department, 119, Uthamar Gandhi Salai, Nungambakkam, Chennai-34.

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

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