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2026 Supreme(Online)(Mad) 37953

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.Dhandapani, J
N.Anbalagan – Appellant
Versus
Commissioner, Hindu Religious and Charitable Endowments Department – Respondent
Writ Petition under Article 226



Advocates:
For Petitioner(s): Mr.T.V.G.Kartheeban
For Respondent: Mr.S.Ravichandran Additional Government Pleader for R1 to R4 (HR&CE)

Court directed disposal of unnumbered interim application in temple administration appeal within six weeks without merits examination.

Headnote:The petitioner, a co-sharer in a private temple governed by a registered Trust Deed dated 17.12.2021, challenged the induction of third parties into temple administration and misappropriation of income under Sections 64(1) and 64(5) of the HR & CE Act. A scheme was framed by the Joint Commissioner, leading to a statutory appeal and interim application before the Commissioner seeking permission for temple festival on 30.04.2026 to 02.05.2026, which was returned. The Court directed disposal without examining merits. The primary issue was whether the Commissioner should consider and dispose of the un-numbered interim application in the appeal. The Court observed no legal impediment to processing the application, emphasizing hearing to interested parties and timely disposal within six weeks. The writ petition was disposed of with directions to the first respondent to dispose of the interim application on merits in accordance with law.

Table of Content
1. writ petition for directing disposal of interim application for temple festival. (Para 1 , 2)
2. petitioner challenges scheme and seeks appeal restoration. (Para 3)
3. court directs six-week disposal with hearing. (Para 4 , 5)

ORDER

By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself. Since no adverse order is passed against the private respondents, notice to the private respondents is dispensed with.

2. This writ petition is filed for a direction, directing 1st respondent to consider and dispose of the Interim Application filed in unnumbered I.A.No. of 2026 in A.P.No. of 2026 dated 13.04.2026 within a stipulated time and consequently permit the petitioner to conduct the temple festival on

30.04.2026,01.05.2026 and 02.05.2026.

3. It is the case of the petitioner that the petitioners are co-sharers of the temple namely Sri Vaishnava Rishi Kothiram Periya Arasan Koottam situated at Kuralyampatti Village, Vilathikulam, Thoothukudi District and the same is a private temple maintained by Sathriya Hindu Nadar community and governed by registered Trust Deed dated 17.12.2021. It is the grievance of the petitioner that the private respondent in violation of the Trust Deed, unlawfully inducted third parties into temple administration and misappropriated temple income. The private respondents have filed application under Section 64(1) of HR & CE Act before the second respondent and scheme was framed and the petitioner filed application under Section 64(5) of HR & CE Act seeking cancellation of the scheme. Thereafter, the petitioner filed a statutory appeal before the first respondent along with the Interim Application seeking permission to conduct temple festival, however, the same was returned on the ground that there is no scheme implemented. Hence, this petition is filed seeking for a direction to the first respondent to dispose of the un-numbered appeal and interim application.

4. Heard the learned counsel for the petitioner and the learned Additional Government Pleader (HR&CE) and perused the materials placed on record.

5. Considering the facts and circumstances of the case, this Court without going into the merits of the case directs the first respondents to dispose of the un-numbered interim application in un-numbered appeal filed by the petitioner, if there is no legal impediment and pass appropriate order on merits and in accordance with law after providing opportunity of hearing to the interested parties. Such exercise shall be completed within a period of six weeks from the date of receipt of a copy of this Order.

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