Disputes regarding the right to succession as a Hereditary Trustee under the HR & CE Act, particularly those involving contested Wills or complex family rights, should be adjudicated by a competent Civil Court.

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the entire records pertaining to the order dated 14.01.2024 of the 1st respondent made in A.P.No.12 of 2023 confirming the order dated 10.02.2023 of the 2nd respondent made in Na.Ka.No.3749/2022/A2 and quash the same and direct the 2nd respondent to record petitioner succession as Hereditary Trustee to the office of the Temple called Arulmigu Nellukadai Mariamman Temple situated at Perumal East Street, Nagapattinam, in the place of petitioner’s demised father/declared Hereditary Trustee.

Prayer :

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari calling for the entire records pertaining to the order dated 14.01.2024 of the 1st respondent made in A.P.No.13 of 2023 confirming the order dated 10.02.2023 of the 2nd respondent made in Na.Ka.No.4079/2022/A2 and quash the same.

For Petitioner : Mr.V.Srikanth

in both writ petitions

For Respondents : Mr.K.Karthikeyan

Government Advocate (HR & CE)

for R1 and R2 in both writ petitions

: Mr.N.Inba Maran

for R3 in W.P.No.6539 of 2024 and

for R4 & R5 in W.P.No.6546 of 2024

C O M M O N O R D E R

1. These writ petitions have been filed against the orders of the 1st respondent, dated 14.01.2024, dismissing the Appeals filed by the petitioner under Section 54(4) of the Hindu Religious and Charitable Endowments Act, 1959 (hereinafter referred to as “HR &CE Act” for brevity), in A.P.Nos.12 and 13 of 2023/D2, arising out of the petitions filed by the petitioner under Section 54(1) of the HR & CE Act.

2. The petitioner states that his grandfather V.K.N.Muthukumarasamy Pillai was declared as the Hereditary Trustee of Arulmigu Nellukadai Mariamman Temple situated at Perumal East Street, Nagapattinam, pursuant to the orders of the Deputy Commissioner, HR & CE Department, Nagapattinam, in O.A.No.50 of 1976, dated 09.03.1977. Thereafter, the declared Hereditary Trustee died on 08.03.1981. Prior to his death, due to his ill health, he became incapacitated to continue in the office and a permanent vacancy occasioned in the office of the Hereditary Trustee and based on his representation, the petitioner’s father V.K.N.M.Thiyagarajan Pillai recorded his succession vide order, dated 24.08.1978, made by the Deputy Commissioner, Nagapattinam. Though all the persons coming under the category of “next line of succession” are entitled to record themselves as Hereditary Trustees, the brothers gave consent to the petitioner’s father. Accordingly, the petitioner’s father was officiating as Hereditary Trustee of the Temple for nearly five decades till his demise on 29.03.2022. The petitioner’s father has left behind his wife, the petitioner herein and his brother/3rd respondent herein, and daughter Mrs.Uma Maheswari as his legal heirs. It is the contention of the petitioner that, among them, the wife and daughters of the demised Hereditary Trustee have not shown any interest in recording their succession. Since the petitioner had already supported his ailing father, the petitioner approached the 2nd respondent to record his succession vide his representation dated 13.04.2022 in the place of permanent vacancy occurred due to the death of petitioner’s father. However, the 2nd respondent has rejected the request of the petitioner by order dated 10.02.2023 solely on the ground that succession to office would enure only to the eldest male descendant alone. Further, the 2nd respondent has relied upon an alleged Will dated 23.01.1969 stated to have be