V.Nagaraj Vs the Commissioner — Writ and Judicial Review | Madras HC (2025)

V.Nagaraj Vs the Commissioner — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

The prayed-for direct appointment of a fit person was not granted by this Court; instead, with directions: the third respondent to proceed with the enquiry into the temple affairs, hear respondents 4 and 5, consider all contentions of the parties and decide in accordance with law; to consider the request regarding the ensuing temple festival and conduct it under proper supervision; and to ensure the temple affairs are maintained properly and its assets remain intact. Petition disposed of with these directions; no costs; connected miscellaneous petition (W.M.P.No.5669 of 2025) closed.

Issue for consideration

Whether respondents 2 and 3 should be directed, by writ of mandamus, to appoint a fit person for the administration and management of the Arulmigu Sri Veeramatchiamman Temple Festival at Vadugapalayam, Pollachi Town and Taluk, Coimbatore District. +1 more

Court's answer

The writ petition was disposed of at the admission stage itself, without giving the learned counsel for respondents 4 and 5 a further opportunity to file a counter, since the rights of the parties were not being determined by the order proposed.

Ratio / Principle

The third respondent (Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Coimbatore) was directed to proceed with the enquiry into the affairs of the temple.

Key takeaways

This Court expressly did not pronounce one way or the other on the allegations made; the petitioner and respondents 4 and 5 were to place all their materials before the third respondent during the course of the enquiry.ratio¶40
The third respondent was to take into consideration all the contentions of the parties and decide the matter in accordance with the law.ratio¶40
The third respondent was to consider the request regarding the ensuing temple festival and ensure it was conducted under proper supervision, ensure the affairs of the temple were maintained properly, and ensure the assets of the temple remained intact.

Detailed headnote1 paragraphs

High Court of Judicature at Madras (D. Bharatha Chakravarthy, J.), 14.02.2025 — disposed of W.P.No.5107 of 2025 (V. Nagaraj v. The Commissioner, HR&CE Department and others) at the admission stage, along with connected W.M.P.No.5669 of 2025. Filed under Article 226 of the Constitution for a writ of mandamus directing respondents 2 and 3 (Joint Commissioner / Assistant Commissioner, HR&CE Department, Coimbatore) to appoint a fit person for administration and management of the Arulmigu Sri Veeramatchiamman Temple Festival at Vadugapalayam, Pollachi Town and Taluk, Coimbatore District, on allegations that respondents 4 and 5 (Rathina Vadivel and G.R. Jayagopinath), who manage the temple, were mismanaging it. The Special Government Pleader placed written instructions on record that an enquiry had already been initiated and the temple bank accounts directed to be frozen, with further enquiry to proceed on fresh notice to respondents 4 and 5. Observing that the proposed order would not determine the parties' rights, the Court disposed of the petition without awaiting a counter from respondents 4 and 5, and without pronouncing on the allegations: it directed the third respondent to proceed with the enquiry, receive all materials and contentions from both sides and decide in accordance with law, to consider the ensuing festival request and conduct it under proper supervision, and to ensure the temple's affairs were properly maintained and its assets remained intact. Disposed of with the above directions; no costs; connected miscellaneous petition closed.

W.P.No.5107 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY

W.P.No.5107 of 2025

and

W.M.P.No.5669 of 2025

V.NAGARAJ

... Petitioner

Vs

THE COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPARTMENT,

NO.119, UTHAMAR GANDHI SALAI, NUNGAMBAKKAM, CHENNAI-600 034.

THE JOINT COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPARTMENT,

DR.BALASUNDARAM ROAD, COIMBATORE.

THE ASSISTANT COMMISSIONER HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPARTMENT,

DR.BALASUNDARAM ROAD, COIMBATORE.

RATHINA VADIVEL

G.R.JAYAGOPINATH ... Respondents

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

W.P.No.5107 of 2025

Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the respondents 2 and 3 to appoint fit person for Administration and Management of the Arulmigu Sri Veeramatchiamman Temple Festival at Vadugapalayam, Pollachi Town and Taluk, Coimbatore District, in order to maintain proper administration and management and to protect the temple interest forthwith.

For Petitioner : Mr.C.Prabakaran For R1 to R3 : Mr.N.R.R.Arun Natarajan Special Government Pleader For R4 & R5 : Mr.G.Jaisiva Ramaraj

ORDER

This writ petition is filed seeking a direction to the second and third respondents to appoint fit person for the Administration and Management of the Arulmigu Sri Veeramatchiamman Temple Festival at Vadugapalayam, Pollachi Town and Taluk, Coimbatore District in order to maintain proper administration and management and to protect the temple interest forthwith.

The contention of the petitioner is that the fourth and fifth

respondents, who are managing the affairs of the temple, are mismanaging it and certain allegations have been made against them.

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W.P.No.5107 of 2025

3. Mr.G.Jaisiva Ramaraj, the learned counsel seeks time to file vakalat

on behalf of the f ourth and fifth respondents and submits that he needs to get instructions and file a counter in the matter.

Mr.N.R.R.Arun Natarajan, th e learned Special Government Pleader takes notice on behalf of the first to third respondents by placing written instructions on record submits that an enquiry has already been initiated with reference to the allegations and even the bank accounts have been directed to be frozen. Further enquiry will be conducted by issuing a new notice to the fourth and fifth respondents and hearing their version as well.

In view of the nature of relief sought and considering that the rights of the parties are not being determined by the order that is proposed to be passed, this writ petition is disposed of at the admission stage itself, without giving further opportunity to the learned counsel for the fourth and fifth respondents to file a counter.

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W.P.No.5107 of 2025

The third respondent is directed to proceed with the enquiry into the

affairs of the said temple. It is needless to mention that, this Court is not pronouncing one way or the other on the allegations made and both the petitioner and, the fourth and fifth respondents shall place all materials before the third respondent during the course of the enquiry. The third respondent shall also take into consideration all the contentions of the parties and decide the matter in accordance with the law.

Needless to mention that the third respondent shall also consider the request regarding the ensuing temple festival and ensure that it is conducted under proper supervision. The third respondent shall ensure that the affairs of the temple are maintained properly and that the assets of the temple remain intact.

With the above directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

14.02.2025

Neutral Citation: No nsl

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W.P.No.5107 of 2025

To

THE COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPARTMENT,

NO.119, UTHAMAR GANDHI SALAI, NUNGAMBAKKAM, CHENNAI-600 034.

THE JOINT COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPARTMENT,

DR.BALASUNDARAM ROAD, COIMBATORE.

THE ASSISTANT COMMISSIONER HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPARTMENT,

DR.BALASUNDARAM ROAD, COIMBATORE.

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

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D.BHARATHA CHAKRAVARTHY, J.

nsl

W.P.No.5107 of 2025

14.02.2025

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