IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.DHANDAPANI, J
C.KANNAN – Appellant
Versus
THE COMMISSIONER – Respondent
Writ Petition
| Table of Content |
|---|
| 1. temple administration and control of temple funds (Para 1 , 2) |
| 2. request to consider representation within time frame (Para 3) |
| 3. court direction to statutory authority (Para 5) |
Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to consider the petitioner’s representation dated 16.03.2026 and to direct the respondents to appoint Fit Person for A/m.Shri Aadhisakthi Mutharamman Thirukoil, Otteri, Chennai - 600012 in the light of the order passed by the 2nd respondent herein in O.A.No.4 of 2024 order dated 06.01.2026.
For Petitioner(s): Mr.N.Velmurugan For Respondent(s): Mr.S.Ravichandran Additional Government Pleader (HR & CE)
for R1
ORDER
This writ petition has been filed to direct the respondents to consider the petitioner’s representation dated 16.03.2026 and to direct the respondents to appoint Fit Person for A/m.Shri Aadhisakthi Mutharamman Thirukoil, Otteri, Chennai - 600012 in the light of the order passed by the 2nd respondent herein in O.A.No.4 of 2024 order dated 06.01.2026.
2.The petitioner states that A/m.Shri Aadhisakthi Mutharamman Thirukoil, Otteri, Chennai – 600012 was founded by the maternal grandfather of the petitioner. The said Temple is a non-listed Temple. There are seven Pancha Loga idols and nearly about 147 gram gold ornaments belonging to the Temple. It is the contention of the petitioner that one Senthilkumaran, who is the family member of the petitioner, is now in the administration of the Temple without any authentication, after the demise of the founder. According to the petitioner, the said Senthilkumaran has misappropriated the Temple funds and a sum of about Rs.2 Lakhs collected from the Temple properties is also unaccounted. Therefore, the petitioner approached the HR & CE Department to safeguard the jewels and Temple funds and to take over the administration of the Temple. Based on the complaint, an enquiry was conducted and the enquiry report dated 21.05.2024 was forwarded to the 3rd respondent with a recommendation for appointment of a Fit Person. However, the said Senthilkumaran filed an application in O.A.No.4 of 2024 before the 2nd respondent under Section 63(a) of the HR & CE Act to declare the subject Temple as not a religious institution. However, the said application was dismissed by the 2nd respondent by order dated 06.01.2026 directing the 3rd respondent to take over the control of the Temple by appointing a Fit Person. However, the said order of the 2nd respondent has not been implemented. Therefore, the petitioner submitted a representation dated 13.01.2026 to the 3rd respondent to appoint a Fit Person for the subject Temple. Subsequently, the petitioner sent another representation to all the respondents on 16.03.2026 for implementation of the order of the 2nd respondent. Since the same did not evoke any response, the petitioner has come forward with this writ petition.
3.Learned counsel for the petitioner would submit that the 3rd respondent may be directed to consider the representation of the petitioner dated
16.03.2026 within a time frame.
4.Mr.S.Ravichandran, learned Additional Government Pleader (HR &
CE) who takes notice for the respondents, would submit that the 3rd respondent will consider the representation of the petitioner and pass orders on merits within a period of twelve weeks.
5.Having regard to the nature of relief sought for in the writ petition and in view of the submissions made by the learned counsel on either side, this Court directs the 3rd respondent to consider the representation of the petitioner dated 16.03.2026 and pass appropriate orders on merits and in accordance with law, after affording an opportunity to the said Senthilkumar and other family members who are aggrieved, within a period of twelve weeks from the date of receipt of a copy of this order.
6.With the above direction, this writ petition is disposed of. No costs.
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