Madras High Court
WP(MD)/29952/2026 of Arulmighu Arasamarathu Pilla Vs The Joint Commissioner on 16 October 2026
WP(MD) No. 29952 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 16-10-2026
CORAM
THE HON'BLE MR JUSTICE SENTHILKUMAR
RAMAMOORTHY
WP(MD) No. 29952 of 2026
CNR:{HCMD011490672026}
AND
WMP(MD) No. 22842 of 2026
Arulmighu Arasamarathu Pillayar Temple,
Rep. by its Hereditary Trustee M.S. Dhanapal
..Petitioner(s)
Vs
1. The Joint Commissioner,
Tamil Nadu Hindu Religious and Charitable Endowment Department, Madurai.
2. The Assistant Commissioner
Tamil Nadu Hindu Religious and Charitable Endowment Department,
3. The Fit Person
Executive officer,
Arulmighu Chokkanathasamy Temple,
Virudhunagar.
..Respondent(s)
PRAYER: Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorari, calling for the records of the 1st respondent dated 09.09.2026 in proceeding in Se.Mu.Na.Ka.No.490/2022/AA1, quash the same as the same is arbitrary, Ultra vires, in violation of principal of nature justice.
WP(MD) No. 29952 of 2026
For Petitioner(s):
M/s R.G.Shankar Ganesh
For Respondent(s):
Mr.P.Pethu Rajesh
Additional Government Pleader for
R1 & R2
Mr.M.S.Senthil Kumar for R3
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ORDER
Asserting that the petitioner has functioned as the trustee of Arulmighu Arasamarathu Pillayar Temple, the petitioner challenges the order dated 09.09.2026 appointing a fit person, primarily on the ground that the said order was issued without providing a reasonable opportunity to the petitioner.
2. Learned counsel for the petitioner relies upon the receipt book, account statement and electricity bills to show that the petitioner was managing the temple in question. He relies on the judgment of the Hon’ble Division Bench of this Court in W.A. (MD) No.32 of 2022, dated 20.07.2023 in S. Gopala Subramaniam v. The Assistant Commissioner, HR&CE Department and another to contend that the de facto trustee should be provided a reasonable opportunity before appointing a fit person.
3. Accepting notice on behalf of the first and second respondents,
WP(MD) No. 29952 of 2026 Mr.P.Pethu Rajesh, learned Additional Government Pleader, submits that the petitioner had approached this Court earlier in W.P. (MD) No.22704 of 2026, wherein this Court directed him to work out his remedies under Section 63 of the TN HR&CE Act, 1959. He also points out that this Court recorded that appropriate orders may be passed for the appointment of a fit person by the HR&CE Department.
4. Mr.M.S.Senthil Kumar, learned counsel, accepts notice for the fit person. He submits that the petitioner should work out his remedies in the pending proceedings before the Joint Commissioner.
5. On perusal of the paper book, I find prima facie evidence that the petitioner was functioning as a de facto trustee. Considering this aspect, the petitioner should have been put on notice before the fit person was appointed. On this limited ground, the impugned order is set aside and the matter is remanded. After providing a reasonable opportunity to the petitioner, a fresh order shall be passed within four (4) weeks from the date of receipt of a copy of this order.
6. This Writ Petition stands disposed of on the above terms. There
WP(MD) No. 29952 of 2026 shall be no order as to costs. Consequently, the connected miscellaneous petition is closed. 16-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No apd To
1. The Joint Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment Department, Madurai.Madurai
2. The Assistant Commissioner Tamil Nadu Hindu Religious and Charitable Endowment Department,
WP(MD) No. 29952 of 2026 SENTHILKUMAR RAMAMOORTHY, J. apd WP(MD) No. 29952 of 2026 AND WMP(MD) No. 22842 of 2026 16-10-2026