K.Selvaraj Vs the Commissioner — Writ and Judicial Review | Madras HC (2025)

K.Selvaraj Vs the Commissioner — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of at the admission stage without notice to the fourth respondent: third respondent directed to conduct an enquiry on the petitioner's complaint by issuing notice to both the petitioner and the fourth respondent, with all contentions kept open, and to pass orders in accordance with law within twelve weeks from receipt/production of the website uploaded copy of the order; connected miscellaneous petitions closed; no costs.

Issue for consideration

Whether the proceedings of the third respondent (Proceedings No. Se.Mu.Na.Ka.No. 941 - 106/2023/A6 dated 13.12.2023) relating to the appointment of the fourth respondent as trustee of Arulmigu Ramaperumal Nalliyannasamy Temple should be quashed and a new Non-Hereditary Trustee appointed by following the procedure of the Hindu Religious and Charitable Endowments Act, 1951. +1 more

Ratio / Principle

Declining to express any opinion on the petitioner's allegations against the fourth respondent, the Court disposed of the writ petition at the admission stage itself without notice to the fourth respondent, rather than quashing the impugned proceedings.

Key takeaways

The third respondent was directed to conduct an enquiry on the petitioner's complaint by issuing notice to both the petitioner and the fourth respondent.ratio¶35
All contentions of both the petitioner and the fourth respondent were kept open to be raised before the third respondent in the enquiry.ratio¶36
The third respondent was directed to duly conduct the enquiry and pass orders in accordance with law in any event not later than a period of twelve weeks.

Detailed headnote1 paragraphs

Madras High Court (Justice D. Bharatha Chakravarthy, sole judge) disposed of W.P.No.6089 of 2025 (K. Selvaraj v. Commissioner/Joint Commissioner/Asst. Commissioner, HR&CE Department and N. Palanisamy) on 21.02.2025 at the admission stage itself, without notice to the fourth respondent. The petitioner, praying for a Writ of Certiorarified Mandamus under Article 226 of the Constitution of India, sought quashing of Proceedings No. Se.Mu.Na.Ka.No. 941 - 106/2023/A6 dated 13.12.2023 of the Asst. Commissioner, HR&CE, Namakkal, and direction to appoint a new Non-Hereditary Trustee for Arulmigu Ramaperumal Nalliyannasamy Temple per the Hindu Religious and Charitable Endowments Act, 1951 (as cited in the judgment), alleging the fourth respondent was a dismissed erstwhile pujari acting at the behest of a private trust with moneys unaccounted. Expressing no opinion on the allegations, the Court directed the third respondent to enquire into the complaint after notice to both petitioner and fourth respondent, keeping all contentions open, and to pass orders in accordance with law within twelve weeks of receipt/production of the website-uploaded copy of the order; connected miscellaneous petitions (W.M.P.Nos. 6687, 6689 & 6690 of 2025) were closed and no costs awarded.

W.P.No.6089 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY

W.P.No.6089 of 2025

and W.M.P.Nos. 6687, 6689 & 6690 of 2025

K.SELVARAJ

... 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,

PERUNDURAI ROAD, V CHATRAM , NGO COLONY, ERODE- 638 011.

THE ASST. COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPARTMENT,

NAMAKKAL.

N.PALANISAMY ... Respondents

Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Certiorarified Mandamus, to call for the proceedings of the third respondent, vide Proceedings No. Se.Mu.Na.Ka.No. 941 - 106/2023/A6,

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W.P.No.6089 of 2025

dated 13.12.2023, quash the same and direct the third respondent to appoint a new Non- Hereditary Trustee for ARULMIGU RAMAPERUMAL NALLIYANNASAMY TEMPLE by following the procedure of Hindu Religious and Charitable Endowments Act, 1951.

For Petitioner : Mr.M.G.Ramachandiran

For R1 to R3 : Mr.N.R.R.Arun Natarajan Special Government Pleader ORDER

This writ petition is filed to call for the proceedings of the third respondent, vide Proceedings No. Se.Mu.Na.Ka.No. 941 - 106/2023/A6, dated 13.12.2023, quash the same and direct the third respondent to appoint a new Non- Hereditary Trustee for ARULMIGU RAMAPERUMAL NALLIYANNASAMY TEMPLE by following the procedure of Hindu Religious and Charitable Endowments Act, 1951.

The grievance of the petitioner is that the fourth respondent has been

appointed as a trustee of the Arulmigu Ramaperumal Nalliyannasamy Temple. The petitioner has made a complaint against the fourth respondent. It is the allegation of the petitioner that the fourth respondent was erstwhile pujari of a some other temple and he was dismissed due to misconduct. Therefore, the respondents ought not to have appointed him as a trustee. The

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W.P.No.6089 of 2025

petitioner’s second allegation is that when the HR & CE appointed him as a

trustee for the temple, instead of acting in the best interests of the temple, the fourth respondent is acting on the behest of some other private trust who are not entitled to interfere in the affairs of the temple. The petitioner also alleges that the moneys are not properly accounted for.

This Court is not expressing any opinion on the allegations and in view of the nature of order that is going to be passed, the writ petition is disposed of at the admission stage itself without notice to the fourth respondent.

In view thereof, this writ petition is disposed of on the following

terms:

(i) The third respondent shall conduct an enquiry on the complaint of the petitioner by issuing notice to both the petitioner and the fourth respondent.

(ii) All the contentions of both the petitioner and the fourth respondent are kept open to be raised before the third respondent. The third respondent shall duly conduct the enquiry and pass orders in accordance with law in any event not later than a period of twelve weeks

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from the date of receipt/production of the website uploaded copy of this order without waiting for the certified copy of order.

(iii) Consequently, connected miscellaneous petitions are closed. No costs.

21.02.2025

Neutral Citation: Yes/No nsl

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,

PERUNDURAI ROAD, V CHATRAM , NGO COLONY, ERODE- 638 011.

THE ASST. COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPARTMENT,

NAMAKKAL.

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

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W.P.No.6089 of 2025

D.BHARATHA CHAKRAVARTHY, J.

nsl

W.P.No.6089 of 2025

21.02.2025

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

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