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2026 Supreme(Online)(Mad) 38991
IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.Dhandapani, J
S.Singaravelan – Appellant
Versus
The Commissioner Hindu Religious and Charitable Endowments Board – Respondent
Writ Petition
For Petitioner(s): Mr.A.Rajakumar
For Respondent(s): Mr.S.Ravichandran, Additional Government Pleader (HR&CE)
Writ for trustee appointment declined due to pending civil litigation over liquidator amid maladministration allegations.
Headnote:Under Article 226 of the Constitution of India, petitioner sought mandamus for appointment as non-hereditary trustee of a mutt based on recommendation from managing sabha following HR&CE Department guidelines and notification dated 24.10.2025. Facts reveal applications invited for trustees, resolution passed appointing petitioner and four others, but no implementation by authorities. Court found no appointment made despite recommendation due to pending litigation over liquidator's appointment amid maladministration allegations. Issues framed around implementation of trustee recommendation versus pending civil suit challenging liquidator. Court's reasoning: with liquidator controlling administration and dispute sub-judice in civil court (O.S.No.313/2024), writ for trustee appointment not entertainable at this stage (para 6). Writ petition dismissed with liberty to challenge liquidator or implead in civil proceedings.
| Table of Content |
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| 1. petitioner's case for trustee appointment recommendation. (Para 2) |
| 2. arguments on implementation vs pending litigation. (Para 3) |
Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of writ of Mandamus directing the 2nd respondent authority to appoint the petitioner and 4 other members as non hereditary trustee of mutt called Arulmigu Sri Sivasubramaniya Swamy Bajanai Madalayam, based on the recommendation dated 02.12.2025 forwarded by the Coimbatore kengadiga Oklugar Mahajana Dharma Paripalana Saba within a time to be stipulated by this Court.
For Petitioner(s): Mr.A.Rajakumar For Respondent(s): Mr.S.Ravichandran, Additional Government Pleader (HR&CE)
Order
This Writ Petition is filed by the petitioner to direct the 2nd respondent authority to appoint the petitioner and 4 other members as non hereditary trustee of mutt, based on the recommendation dated 02.12.2025 forwarded by the Coimbatore kengadiga Oklugar Mahajana Dharma Paripalana Saba.
2. Case of the petitioner is that there is a mutt called Arulmigu Sivasubramaniya Swamy Bajanai Madalayam, which was managed by the non- hereditary trustee of Coimbatore Kengadiga Oklugar Mahajana Dharma Paripalana Saba, based on the guidelines framed under the scheme by the HR and CE Department and vide notification dated 24.10.2025, applications have been invited for appointment of non hereditary trustees for the purpose of management of daily affairs of the said Mutt and thereby resolution was passed appointing the petitioner and 4 other members and forwarded a recommendation to the competent authorities for implementing the same. However, till date, no such order of appointment has been passed. Hence, the petitioner is before this Court.
3. Learned counsel for the petitioner submitted that the factum of appointment was also intimated to the present management committee and it is the 2nd respondent to implement the recommendation. In the absence of appointment, the day to day affairs of the mutt was not properly functioning.
Hence, he prays for appropriate orders.
4. Per contra, learned Additional Government Pleader (HR&CE)
appearing for the respondents submitted that there were allegations of misappropriation and maladministration in the said Mutt. Based on the complaint of one D.Vijayalakshmi, a Liquidator was appointed. Challenging the said appointment, a suit was filed in O.S.No.313/2024 before the District Munsif, Coimbatore. In view of the pending litigation, it is contended that the prayer for appointment of non-hereditary trustee, cannot be entertained.
5. Heard both sides and also perused the materials available on record.
6. Admittedly, no non-hereditary trustee has been appointed for the past several years. Though the petitioner along with four others were recommended for appointment based on the resolution of the Sabha, no order of appointment has been passed by the competent authority. It is the specific stand of the learned Special Government Pleader (HR and CE), that due to allegations of maladministration, a liquidator has already been appointed and the validity of such appointment is under challenge before the competent Civil Court. In such circumstances, when the administration of the Mutt is presently under the control of the liquidator and the dispute relating to the same is subjud ice before the Civil Court, this Court is of the view that the petition’s request for appointment as non-hereditary trustee cannot be considered at this stage.
7. Accordingly, this Writ Petition is dismissed. However, liberty is granted to the petitioner to work out his remedy in the manner known to law, either to challenge the appointment of liquidator or to implead himself in the pending civil proceedings. No costs.
