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2026 Supreme(Online)(Mad) 42068

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.Dhandapani, J
N.Rathinavel – Appellant
Versus
Principal Secretary to Government Government of Tamilnadu – Respondent
Writ Petition



Advocates:
For the Appellants/Petitioners: T.S.Vijaya Raghavan
For the Respondents: K.Karthikeyan, V. Meghanathan

The High Court may issue a Writ of Mandamus to compel statutory authorities to perform their obligations under a government directive to constitute a Board of Trustees for a religious institution, ensuring compliance with established schemes of management.

Headnote:The petitioner filed a writ petition seeking a Mandamus under Art. 226 of the Constitution of India, to direct the fourth and fifth respondents to complete the election process for the Board of Trustees and the Chairman of a temple, in accordance with a Government Order issued on 02.02.2026. The petitioner contended that despite valid elections held under a notified scheme, the administration of the temple remained stalled due to internal obstruction and failure of the respondents to implement government directives. The Court found that there was a clear mandate to constitute the board and that the respondents were failing to perform their statutory duties regarding administration. The main issue was whether the statutory authorities could be compelled to complete the election process for temple trustees given the history of mismanagement and previous court directions. The court observed that the temple must be governed as per the finalized scheme to ensure transparency and proper management of religious endowments, and that administrative inaction in the face of existing government orders regarding the constitution of the board is untenable. The Writ Petition stands disposed of with the direction to the respondents to complete the election process within three months and provide police protection if necessary.

Table of Content
1. factual background regarding temple management dispute. (Para 1 , 2 , 3 , 5 , 6)
2. judicial mandate to fulfill administrative duties for trust election. (Para 8 , 9)

PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India seeking the issuance of a Writ of Mandamus directing the respondents 3 and 4 herein to complete the process of election of the Chairman, Board of Trustees and Consequentially hand over the charges of Arulmigu Kothandaramaswamy Temple, Uppara veedhi, Coimbatore in pursuance of the G.O. dated 2-2- 2026 passed by the 1st respondent herein by seeking assistance from the 5th and 6th respondent herein within a strict time frame as fixed by this Court by considering the representation of the petitioners and others dated 16.03.2026.

For Petitioner(s): Mr. T.S.Vijaya Raghavan For Respondent(s): Mr.K.Karthikeyan Government Advocate (HR & CE)

for R1 to R4 Mr. V. Meghanathan Government Advocate (Crl.Side)

for R5 and R6

ORDER

The present Writ Petition has been filed seeking the issuance of a Writ of Mandamus directing the respondents 3 and 4 herein to complete the process of election to the post of Chairman, Board of Trustees and to hand over the charges of Arulmigu Kothandaramaswamy Temple, Uppara Veedhi, Coimbatore in pursuance of the G.O. dated 2-2- 2026 passed by the 1st respondent herein by seeking assistance from the 5th and 6th respondent herein within a time frame to be fixed by this Court by considering the representation of the petitioner and others dated 16.03.2026.

2. The subject temple, established around the year 1860 by members of the Vaniar Community, has traditionally been administered by the said community. A scheme was framed in O.A.No.123 of 1976 and finalised on 26.07.1977, providing for administration of the temple by a Board of Trustees consisting of not less than five members elected by the community and approved by the competent authority.

3. It is the case of the petitioner that the said scheme has not been properly implemented. One Mr.A.Ravindran Chettiar has been functioning as the sole trustee since 1980 and is alleged to have indulged in acts of mismanagement, acting against the interests of the temple. In a General Body Meeting held on 14.01.2019, the petitioner and four others were unanimously elected as trustees by the community.

4. Despite submission of applications and representations in the year

2019, no action was taken by the respondents, compelling the petitioner to approach this Hon’ble Court in W.P. No. 2014 of 2025. By order dated 27.01.2025, this Court directed the respondents to appoint trustees in accordance with the scheme within a stipulated time.

5. Pursuant thereto, a notification was issued and a Mahasabai meeting was conducted on 13.07.2025, wherein the petitioner and others were elected. Subsequently, G.O. No. 34 dated 02.02.2026 was issued appointing them as trustees. However, despite further directions to constitute the Board and appoint a Chairman, the respondents failed to implement the same. When the petitioner attempted to assume charge on 07.03.2026, obstruction was caused by third parties.

6. Despite representations dated 26.02.2026 and 16.03.2026, the respondents have failed to take appropriate action and have not sought police protection, thereby delaying the implementation of the Government Order. Hence, the petitioner is constrained to approach this Court seeking appropriate directions to enforce the said Government Order and ensure proper administration of the temple.

7. Heard Mr.K.Karthikeyan, learned Government Advocate (HR & CE)

appearing for respondent Nos. 1 to 5 and Mr.V.Meghanathan, learned Government Advocate (Crl.Side) appearing for respondent No.6.

8. Considering the facts and circumstances of the case and the submissions made by the learned counsel appearing on both sides, this Court directs respondent Nos.3 and 4 to complete the process of election to the post of Chairman of the Board of Trustees of Arulmigu Kotha

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