Disposed

Madurai Vandiyur v. the Commissioner

Madras HC11 Nov 2025WP/11065/2024

Case brief

AI extract

What is this about?

Writ petition challenging interference with trust administration disposed of with a direction to the Joint Commissioner HR & CE to dispose of the pending representation under Section 53 of the HR & CE Act within 12 weeks after affording opportunity to parties.

What did the court decide?

Direction to Joint Commissioner HR & CE, Madurai to dispose of pending representation under Section 53 of HR & CE Act within 12 weeks.

Madurai Vandiyur Vs the Commissioner — Quashing and FIR | Madras HC (2025)

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WP No. 11065 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 11-11-2025

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CORAM

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THE HONOURABLE MR.JUSTICE P.B. BALAJI

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WP No. 11065 of 2024 and WMP No. 12150 of 2024

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Madurai Vandiyur Nacharammal Trust, Through its Chairman, D.Tamilganesan, S/o.A.Dhankrishnamoorthy, D-1/ 5/ 32 Sanjeevi Nagar 2nd Street, A.G. Assemply (near) Anaiyur, Madurai 625 017.

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Petitioner(s)

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The Commissioner HR &CE, Uthamar Gandhi Salai, Nungambakkam Chennai 34.

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2.The Secretary Tamil and Cultural, Tourism Department, Secretariat Chennai

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3.The Joint Commissioner HR &CE, Elish Nagar, Madurai.

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4.The Deputy Commissioner/ Executive Officer Arulmigu Kallalagar Thirukovil, Algarkovil, Melur Taluk, Madurai District.

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5.M.Thiruppathy S/o. Muthusamy Pillai, No. 25 Rajaji Street,

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https://www.mhc.tn.gov.in/judis

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WP No. 11065 of 2024

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Pasumpon Nagar, Madurai 3.

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6.R.Kamatchiammal @ Pitchaiamman , Middle Street, Kovilpapakudi, Pothumbu Post, Madurai 625 018.

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Respondent(s)

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PRAYER: This Writ Petition has been filed under Article 226 of the Constitution of India, for issuance of a writ of mandamus, directing the respondents 1 to 4 not to interfere with the peaceful administration and management of the trust properties and take necessary steps to obstruct the 5th and 6th respondent from interfering in the petitioner’s trust property, Madurai Vandiyur and pass.

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For Petitioner(s): Mrs.R.Abirami

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For Respondent(s): Mr.K.Karthekeiyan Government Advocate for R1 & R3 Mr.J.Ram for R4 Mr.R.Subramanian for Mr.B.Ravi for R6 R6-Died

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ORDER

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Heard Mrs.R.Abirami, learned counsel for the petitioner.

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Mr.K.Karthekeiyan, learned Government Advocate for respondents 1 & 3, Mr.J.Ram, learned counsel for 4^th respondent and Mr.R.Subramaninan, learned counsel for 6^th respondent.

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After hearing the learned counsel, I find that for the very same relief,

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infact for a larger relief, the petitioner has already approached the Joint

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Commissioner, Madurai District by filing an application filed under Section 53(2)(b),(c),(d),(e)(f), (i)(ii) of the HR & CE Act, 22 of 1959 (in short, “the Act”). Even in the affidavit filed in respect of this writ petition, the petitioner

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submits that the representation dated 15.03.2024 has been pending and had not been disposed of.

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It is brought to the notice of the learned counsel for the petitioner that the very same prayer is now sought for in this writ petition.

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The learned counsel for the petitioner submitted that the writ petition may be disposed of with a direction, directing the Joint Commissioner, HR & CE Department, Madurai, to dispose of the pending representation dated 15.03.2024.

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Mr.K.Karthekeiyan, learned Government Advocate appearing for the respondents 1 & 3, brings to my notice that similar prayer was sought by one Mr.R.Vijayakumar in M.P.No.208 of 2019, and by an order dated 27.03.2025, the Joint Commissioner, HR & CE Department, Madurai, has passed a final order in the said petition. However, the present application is filed by the petitioner herein and not the same person, who had already suffered an order dated 27.03.2025.

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WP No. 11065 of 2024

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At this juncture, Mr.K.Karthekeiyan, learned Government Advocate

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appearing for the respondents 1 & 3 would state that the Executive Officer has already been appointed and even took charge in April 2025.

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In the light of the above, considering that the similar prayer has already

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been made before the Authority concerned, it would suffice to direct the Joint Commissioner, HR & CE Department, Madurai, to dispose of the representation dated 15.03.2024 of the petitioner, after giving an opportunity to the contesting parties. It is also open to the contesting parties to challenge the very entitlement of the present petition to seek for relief. According to the 4^th respondent, the present petitioner is “Madurai Vandiyur Nacharammal Trust”, through its Chairman Mr.D.Tamil Ganesan, whereas, the Trust has been registered under the name viz., “Madurai Vandiyur Nacharammal Paramparai Arakkattalai”. All contentions are open to the parties, including the maintainability of the application and entitlement of the present writ petition.

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With the above direction, this Writ Petition is disposed of, directing the

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Joint Commissioner, HR & CE Department, Madurai, to conduct an enquiry, after giving due opportunity to the petitioner and all parties concerned and pass

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WP No. 11065 of 2024

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orders, within a period of twelve (12) weeks from the date of receipt of a copy of this order.

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Insofar as the application filed under Section 53 & various sub-sections thereunder, the Joint Commissioner, HR & CE Department, Madurai, shall pass final orders, after affording an opportunity to all the parties and dispose of the same, on or before 30.06.2026.

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It is also brought to my notice that the order appointing Fit Person has been challenged by the petitioner before the Madurai Bench of this Court and it appears that the said writ petition has been listed today under the caption “For admission”. In the event of any necessity to amend the prayer in Section 53 application, then the Joint Commissioner of HR & CE Madurai, is given an additional three (3) months time to dispose of the Section 53 application. No costs. Consequently, connected Miscellaneous Petition is closed.

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11-11-2025

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Jd Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No

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WP No. 11065 of 2024

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The Commissioner HR &CE, Uthamar Gandhi Salai, Nungambakkam Chennai 34.

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2.The Secretary Tamil and Cultural, Tourism Department, Secretariat Chennai

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3.The Joint Commissioner HR &CE, Elish Nagar, Madurai.

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4.The Deputy Commissioner/ Executive Officer Arulmigu Kallalagar Thirukovil, Algarkovil, Melur Taluk, Madurai District.

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5.M.Thiruppathy S/o. Muthusamy Pillai, No. 25 Rajaji Street, Pasumpon Nagar, Madurai 3.

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6.R.Kamatchiammal @ Pitchaiamman , Middle Street, Kovilpapakudi, Pothumbu Post, Madurai 625 018.

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https://www.mhc.tn.gov.in/judis

WP No. 11065 of 2024

P.B.BALAJI J.

WP No. 11065 of 2024

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11-11-2025

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https://www.mhc.tn.gov.in/judis

Madurai Vandiyur v. the Commissioner

Case brief

What is this about?

What did the court decide?

Madurai Vandiyur v. the Commissioner

Case brief

What is this about?

What did the court decide?

What the court decided

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