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2026 Supreme(Online)(Mad) 33598

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.Dhandapani, J
M.Rangasamy – Appellant
Versus
THE COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENT DEPARTMENT, NUNGAMBAKKAM, CHENNAI – 600 034. – Respondent
W.M.P.Nos.33324 and 47848 of 2025



Advocates:
For the Appellants/Petitioners: Ms.V.S.Usharani
For the Respondents: Mr.S.Ravichandran for R1 to R4, Additional Government Pleader (HR&CE)

Writ court directs expeditious disposal of hereditary trustee recognition petition, keeping impugned Fit Person appointment subject to its outcome without merits adjudication.

Headnote:Under Section 63(b) and Section 54(1) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, petitioner claimed hereditary trusteeship of a temple founded by ancestors, previously recognized in O.A.No.113/1976 allowed on 15.02.1977. After father's demise, petitioner sought recognition via M.P.No.17/2023, pending before Joint Commissioner, while Assistant Commissioner appointed Fit Person via impugned order dated 27.06.2025. Court directed expeditious disposal without merits review. Issues framed around interim relief pending recognition petition. Court observed no merits opinion, making impugned order subject to M.P.No.17/2023 outcome. Writ petition disposed with directions for expeditious disposal of M.P.No.17/2023; impugned order subject to its result. No costs.

Table of Content
1. petition challenges temple fit person appointment amid hereditary claim. (Para 1 , 2)
2. parties seek directions on pending trustee recognition petition. (Para 3)
3. court orders expeditious disposal, subordinates impugned order. (Para 5 , 6)

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Certiorari calling for the records pertaining to the proceedings issued by the third respondent in Se.Mu.Na.Ka. No:1918/ 2015/A6 dated 27.06.2025 and quash the same.

2.The learned counsel appearing for the petitioner submitted that Arulmigu Selvavinayagar and Uththandarayar Temple situated in Oruthukkuppai, Chettipalayam Village, Mathukarai Taluk, Coimbatore District was founded by the ancestors of the petitioner. The learned counsel further submitted that the petitioner’s father Maruthachala Poosari was in administration of the said Temple after his father’s demise and further submitted that the petitioner’s father Maruthachala Poosari along with Ramasamy Poosari, Muthukumarasamy Poosari, Arumugha Poosari filed O.A.No.113/1976 before the Deputy Commissioner of H.R. & C.E. Department under Section 63 (b) of Tamil Nadu Hindu Religious and Charitable Endowments Act seeking to declare their holding of office in the Temple is hereditary trusteeship and the said amount was allowed on 15.02.1977. After the demise of the petitioner’s father on 09.09.1997, the petitioner succeeded to his office as the successor and he filed petition under Section 54 (1) of the before the second respondent seeking to recognize the petitioner as hereditary trustee in M.P.No.17/2023 and the same is pending. In the meanwhile, the third respondent passed the impugned order appointing Fit Person.

3.The learned counsel appearing for the petitioner further submitted that, this Court may, without going into the merits of the case, issue direction to the second respondent to dispose of the petition in M.P.No.17/2023 and further submitted that till the disposal of M.P.No.17/2023 the petitioner may be permitted to act as Administrator of the said Temple.

4.The learned Additional Government Pleader (HR&CE)

appearing for the respondents submitted that the petitioner’s petition under Section 54 (1) of the Tamil Nadu Hindu Religious and Charitable Endowments Act before the second respondent in M.P.No.17/2023 will be decided in the manner known to law and further submitted that this Court may observe that the impugned order is subject to the result of M.P.No.17/2023.

5.Considering the limited relief now sought for by the learned counsel appearing for the petitioner and the submissions made by the learned Additional Government Pleader (HR&CE) appearing for the respondents, this Court without expressing any opinion on the merits of the case, directs the second respondent to dispose of M.P.No.17/2023 filed by the petitioner, in the manner known to law, as expeditiously as possible. The order impugned in this writ petition is subject to the result of M.P.No.17/2023.

6.The writ petition is disposed of with the above directions and observations. No costs. Consequently, the connected miscellaneous petitions are closed.

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