The Madurai Bench of the Madras High Court dismissed a writ petition seeking mandamus to appoint Non-Hereditary Trustees for a temple, holding that the respondents had already appointed trustees via a subsequent order.
Maintenance of status quo by dismissing the petition where respondents had already acted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP(MD)No.450 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated: 10.01.2024
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
WP(MD)No.450 of 2024 and WMP(MD)No.485 of 2024
Esakki ... Petitioner
Vs
1.The Commissioner, Hindu Religious and Endowments Department, Chennai. 2.The Joint Commissioner, Hindu Religious and Endowments Department, Tirunelveli – 2. 3.The Assistant Commissioner, Hindu Religious and Endowments Department, Tirunelveli. 4.Periyasamy, Trusteee, Arulmighu Sri Pasunkili Ayyan Sastha Temple, Gopalasamudram, Tirunelveli District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of 1/5
WP(MD)No.450 of 2024
mandamus directing the 1 and 2 more particularly the 2nd respondent to implement the order passed by the 2nd respondent in Na.Ka.No.3671/2022-1/A2, dated 22.02.2023 in respect of the Arulmighu Pasungili Ayyan Sastha Temple, situated at Gopalasamudram Tirunelveli District under Section 49 of the Tamil Nadu HR and CE Act, 1959 within a time frame fixed by this Court by considering the petitioner's representation dated 11.12.2023.
For Petitioner : Ms.C.Geetha
For Respondents : Mr.P.Subba Raj
Special Government Pleader
ORDER
According to the petitioner, Arulmighu Pasungili Ayyan Sastha Temple of Gopalasamudram, Tirunelveli District was built by his ancestors, belonging to Patharaipangu Thevar Uravinmurai and around 192 families are worshipping the deity. In the year 1999, a scheme was framed u/s 64(1) of the Hindu Religious and Charitable Endowments Act, 1959 in O.A.No.1 of
1999, dated 20.06.2006, that the Temple shall be administered by Non-Hereditary Trustees not less than
2/5
WP(MD)No.450 of 2024
three and not more than five, selected from the
members of Patharai Pangu Thevar Community living in Gopalasamudram Village, subject to the qualifications mentioned u/s.26 of the Act. The petitioner has approached the respondents for appointing the Non-Hereditary Trustees and has filed this writ petition for appointment of the Trustees, as per the order of the second respondent / Joint Commissioner dated 22.02.2023.
2.Mr.P.Subba Raj, learned Special Government
Pleader appearing for the respondents 1 to 3 by relying upon the order passed by the second respondent / Joint Commissioner in Se.Mu.Na.Ka.No. 30/1/22/A2, dated 05.01.2024, submits that one Isaki Pandian S/o.Sivasubraanian, Nivek S/o.Isaki, Savarivasan S/o.Madasamy were appointed as Non-Hereditary Trustees, as per the scheme. Therefore, nothing survives for further adjudication in this writ petition.
3/5
WP(MD)No.450 of 2024
3.Recording the above submission, this writ
petition is dismissed. No costs. Consequently
connected miscellaneous petition is also dismissed.
10.01.2024
Internet : Yes / No
DSK
To
Chennai.
Tirunelveli – 2.
Tirunelveli.
4/5
WP(MD)No.450 of 2024
B.PUGALENDHI, J.
dsk
WP(MD)No.450 of 2024
10.01.2024
5/5
2 issues framed by the court
Whether the appointment of Non-Hereditary Trustees for the Arulmighu Pasungili Ayyan Sastha Temple requires fresh judicial intervention.
Whether the representation of the petitioner filed for appointment of trustees has merit.
Esakki
Commissioner, Hindu Religious and Endowments Department, Chennai
Joint Commissioner, Hindu Religious and Endowments Department, Tirunelveli
Assistant Commissioner, Hindu Religious and Endowments Department, Tirunelveli
Periyasamy
B.PUGALENDHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
