D.Balamurali Vs the Commissioner

3.The Assistant Commissioner Hindu Religious And Charitable Endowments Department, C-block 4th Floor, District Collector Office, Chengalpattu -603 111

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4.The Executive Officer Arulmigu Sri Kandasamy Thirukoil, Thiruporur, Chengalpattu -603 110

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Respondent(s)

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PRAYER

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Writ petition filed under Article 226 of Constitution of India for the issuance of writ of Mandamus directing the respondents to consider and dispose of the representation dated 12.06.2025 filed by the petitioners, in accordance with law .

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For Petitioner(s): Mr.C.Prabakaran and Mr.P.Vasanthakumar For Respondent(s): Mr.K.Karthikeyan Government Advocate for R1 to R4

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ORDER

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This writ petition has been filed for the issue of writ of Mandamus

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directing the respondents to consider the representation made by the petitioner

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

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on 12.06.2025 wherein the petitioner is seeking for conducting the election for appointment of the Madathipathi of the Thiruporur Thirumadam Sri Chidambara Swamigal Mutt as per the directions of this Court in WP No.1640 of 2021 dated 02.02.2021 and the common order made in WA Nos.1218 and 1282 of 2021 and 6130 of 2021 dated 09.11.2023.

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Heard Mr.C.Prabakaran, learned counsel for the petitioner and Mr.K.Karthikeyan, learned Government Advocate for respondents 1 to 4.

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When the common order was passed by the Hon'ble First Bench on 09.11.2023, it was disposed of in the following terms:-

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14. In view of the foregoing discussion, it is held that the suit in O.S. No. 8 of 2016 filed before the Sub-Court, Chengalpattu, by

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the Appellant in W.A. No. 1218 of 2021, is barred by Section 108 of the Act of 1959, read with Section 9 of the CPC, on account of the remedy available for seeking the said relief in an application under Section 64(5) read with Section 118(2) of the Act of 1959. It is needless to add here that by virtue of the de facto doctrine, as highlighted by the Hon'ble Supreme Court of India in Gokaraju Rangaraju -vs- State of Andhra Pradesh [(1981) 3 SCC 132], the parties are not precluded from making use of the documents

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produced and the deposition of witnesses examined in that suit as evidence in proceedings under Section 64(5) of the Act of 1959 for modification or cancellation of the Scheme Decree, in the manner recognized by law.

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15. Now what remains to be examined is the validity of the impugned order in W.P. No. 6130 of 2021, which is the Order Na. Ka. No. 1753-2/2020-S1 dated 28.05.2020 passed by the Commissioner, and the correctness of the order dated 02.02.2021 in W.P. No. 1640 of 2021 passed by the Learned Single Judge of this Court for implementing it assailed in W.A. Nos. 1218 and 1282 of 2021.

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16. Inasmuch as the said orders are absolutely based upon the Scheme Decree, which was existing at the time when they were passed, they cannot ipso facto be invalidated merely because the Appellants in W.A. Nos. 1218 and 1282 of 2021 intend to seek modification or cancellation of the Scheme Decree. In such circumstances, the proper course to be adopted to meet the ends of justice would be to keep the said orders in abeyance till 30.11.2023 so as to enable the said Appellants to apply for modification or cancellation of the Scheme Decree under Section 64(5) of the Act of 1959 by that time, and if such applications are made, the concerned

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authorities would have to await their outcome, depending upon which further course of action would follow in accordance with law. It is needless to add here that if the said Appellants fail to take recourse to such procedure within that time limit, it shall become incumbent upon the concerned authorities to forthwith carry out the directions of the Writ Court in the order dated 02.02.2021 in W.P. No. 1640 of 2021 for implementing the Order Na. Ka. No. 1753-2/ 2020-S1 dated 28.05.2020 passed by the Commissioner and file report of compliance by 30.06.2024 before the Registrar (Judicial) of this Court.

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In the upshot, the Appeals in W.A. Nos. 1218 and 1282 of 2021 and the Writ Petition in W.P. No. 6130 of 2021 are disposed on the aforesaid terms. No costs.

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The grievance of the petitioner is that inspite of the above directions, till date, the election has not been conducted.

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The learned Government Advocate appearing on behalf of the respondents produced the written instructions from the Executive Officer. The relevant portions are extracted hereunder :-

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The learned Government Advocate submitted that three OAs were filed and the same is now pending enquiry before the Commissioner. It was further submitted that a time limit can be fixed for the Commissioner to pass further orders and thereafter, the directions given by this Court will be complied with.

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Taking into consideration the facts and circumstances of the case and considering the fact that the original applications have been filed before

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31.01.2024 and the same is pending before the Commissioner, there shall be a direction to the 1st respondent to deal with those applications on its own merits and in accordance with law and provide opportunity to all the parties concerned including the Perur Adhinam and pass final orders, within a period of six months from the date of receipt of a copy of this order.

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This writ petition is disposed of with the above directions. No

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costs. Consequently, the connected miscellaneous petition is closed.

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17-07-2025

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rka

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

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To

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1.The Commissioner Hindu Religious And Charitable Endowments Department, Uthamar Gandhi Road, Nungambakkam, Chennai-600 034.

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2.The Joint Commissioner Hindu Religious And Charitable Endowments Department, A.K. Thangavelar Street, Kanchipuram -631205

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3.The Assistant Commissioner Hindu Religious And Charitable Endowments Department, C-block 4th Floor, District Collector Office, Chengalpattu -603 111

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4.The Executive Officer Arulmigu Sri Kandasamy Thirukoil, Thiruporur, Chengalpattu -603 110

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

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WP No. 25703 of 2025

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N.ANAND VENKATESH J.

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rka

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WP No. 25703 of 2025