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2026 Supreme(Mad) 2228

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Krishnan Ramasamy, J.
K.Sangan - Petitioner
Versus
The Secretary to Government Hindu Religious and Charitable Endowments Department – Respondent 
WP(MD). Nos.3318, 3326, 3467, 3468 of 2026, 29987 of 2024 & 32135 of 2025 and W.M.P.(MD)Nos.2741, 2742, 2746, 2747, 2864, 2870, 2871 of 2026, 25252 and 25253 of 2024
Decided On : 24-02-2026

Advocates Appeared:
For the Petitioner: Mr.V.Sirkanth for Mr.S.Madhavan
For the Respondent: Mr.K.Balasubramani, Spl. Govt. Pleader

ORDER :

Krishnan Ramasamy, J.

W.P.(MD)Nos.3318, 3326 and 3468 of 2026 have been filed challenging the proceedings of the Joint Commissioner, Hindu Religious and Charitable Endowments Department, Dindigul, dated 27.01.2026, calling for applications for appointment of new trustees to Arulmigu Pattalaman Muthiahsamy Temple, Melmangalam, Theni District (hereinafter referred to as “the subject Temple”).

2. W.P.(MD)No.3467 of 2026 has been filed challenging the proceedings of the Joint Commissioner, Hindu Religious and Charitable Endowments Department, Dindigul, dated 27.01.2026, rejecting the appointment of new trustees, who were appointed based on the modified Scheme dated 07.03.2024, to the subject Temple.

3. W.P.(MD) No.29987 of 2024 has been filed challenging the impugned order passed by the Joint Commissioner, Hindu Religious and Charitable Endowments Department, Dindigul, in O.A. No.9 of 2021, dated 07.03.2024, whereby the old scheme framed in O.A. No.8 of 1976 was modified by excluding one community, viz., the Konar community and including another community, viz., Rajakula Agamudaiyar, and also by appointing an Executive Officer to the subject temple.

4. W.P.(MD)No.32135 of 2025 has been filed seeking a direction to the Commissioner, Hindu Religious and Charitable Endowments Department, Chennai to dispose of A.P.15/2024/D-2 pending before him in respect of the subject temple.

5. According to the learned counsel appearing for the petitioners, the subject temple is an ancient religious institution and a scheme was framed by the Deputy Commissioner, HR & CE Madurai in O.A.No.8 of 1976, on 13.05.1982, wherein it was categorically held that five trustees shall be selected only by the members of the five communities viz., Ambalam, Servai, Pandaram, Konar and Pillai of Keelatheru, Melmangalam Village and the HR & CE Department has no role in the selection process, except to record the trustees so selected. However, the Joint Commissioner, by proceedings dated 27.01.2026, calling for applications for appointment of new trustees to the subject temple. Challenging the same, W.P.(MD)Nos.3318, 3326 and 3468 of 2026 have been filed.

6. While so, an application was filed under Section 62(5) of the HR & CE Act in O.A.No.9 of 2021 to amend the scheme. The Joint Commissioner, by order dated 07.03.2024, modified the scheme by excluding one community, viz., the Konar community, and including another community, viz., Rajakula Agamudaiyar, and also by appointing an Executive Officer to the subject temple. Challenging the said modified scheme, W.P.(MD)No.29987 of 2024 has been filed.

7. Thereafter, based on the modified scheme, new Board of Trustees were appointed through resolutions dated 06.01.2026 and 19.01.2026. However, the Joint Commissioner, through the proceedings dated 22.01.2026, rejected the appointment of new trustees. Challenging the same, W.P.(MD)No.3467 of 2026 has been filed.

8. As against the modified scheme, an appeal was filed in A.P.No.15 of 2024 before the Commissioner, HR & CE Department, Chennai and the same is still pending. Hence, W.P.(MD)No.32135 of 2025 has been filed to dispose of the said A.P.No.15 of 2024, within a time frame.

9. This Court heard the submissions made by the respective learned counsel appearing for all the parties and perused the materials available on record.

10. Considering the submissions made by the respective learned counsel appearing for all the parties, this Court is of the view that, once A.P. No.15 of 2024 is disposed of, the rights of the Konar Community and the Rajakula Agamudaiyar Community will be decided, as to which community is required to be included or excluded from the scheme. Until the disposal of the said A.P. No.15 of 2024, this Court is of the opinion that status quo shall be continued, which would suffice to meet the ends of justice for all the parties concerned in these Writ Petitions.

11. In view of the above, this Court directs the appellate authority viz., The Commissioner, Hindu Relig

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