Madras High Court
WP(MD)/29621/2026 of Karuppudurai Vs The Joint Commissioner on 15 October 2026
WP(MD) No. 29621 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 15-10-2026
CORAM
THE HON'BLE MR JUSTICE SENTHILKUMAR
RAMAMOORTHY
WP(MD) No. 29621 of 2026
CNR:{HCMD011450602026}
AND
WMP(MD) No. 22520 of 2026
Karuppudurai
..Petitioner(s)
Vs
1. The Joint Commissioner
Hindu Religious and Endowment Department,
Dindigul District.Dindigul
2. The Assistant Commissioner
Hindu Religious and Endowment Department,
No.28/29 Pandiyan Nagar, Dindigul.
3. The Executive Officer
Arulmigu Seenivasaperumal Thirukovil,
Malaiadivaram, Dindigul,
Dindigul District.
..Respondent(s)
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari call for records in impugned order in Se.Mu.Na.Ka.No.5144/2025-1/Aa1 dated 02.09.2026
as well as consequential order in Se.Mu.Na.Ka.No.5144/2025-2/Aa1
dated 02.09.2026 on the file of the 1st respondent and quash the same as illegal and pass such other or further orders as this Honble Court may deem fit and proper in the circumstances of this case and thus render justice.
WP(MD) No. 29621 of 2026
For Petitioner(s):
M/s S. Kumar
For Respondent(s):
Mr.R.Parthiban
Special Government Pleader
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ORDER
Order dated 02.09.2026 of the first respondent is assailed on the ground that the said order is a nullity inasmuch as it was passed against a dead person, namely, Sundralingam.
2. Relying on the Legal Heir Certificate in respect of late Sundralingam, learned counsel for the petitioner submits that he passed away on 29.07.2025 and that the order was issued more than a year thereafter. Hence, it is contended that the order is a nullity. In addition, relying on order in N.Muthuvali vs. the Joint Commissioner, HR&CE and others reported in 2002 (5) CTC 31 and order dated 12.05.2022 in A.P.Raja, Hereditary Trustee, Arulmigu Mariamman, Cheliamman Chennarayar Perumal Temple vs. The Joint Commissioner, HR&CE and another in W.A.No.1343 of 2022, learned counsel submits that the next in line of a Hereditary Trustee is entitled to succeed upon the demise of such Hereditary Trustee.
3. Accepting notice for the respondents, Mr.R.Parthiban, learned Special Government Pleader, submits that the order was issued not only
WP(MD) No. 29621 of 2026 against the petitioner’s father but also against other Hereditary Trustees, who contested the matter. He adds that the petitioner should submit an application and that such application would be considered in accordance with Sub-section 1 of Section 54 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, (TNHR&CE Act) read with the explanation thereto.
4. On perusal of the Legal Heir Certificate, it is prima facie evident that the late Sundralingam passed away on 29.07.2025. The impugned order was issued more than a year later. Thus, as regards the late Sundralingam, the order is a nullity. Consequently, the order is set aside insofar as it pertains to late Sundralingam.
5. On reading Section 54(1) with the explanation thereto, it follows that the petitioner should establish that he is the next in line and the Joint/Deputy Commissioner is required to take into account the claims of the members of the family before taking a decision. In other words, an application is necessary.
6. In view of the demise of the Hereditary Trustee, it is open to the petitioner to apply to succeed him in terms of Section 54(1) of
WP(MD) No. 29621 of 2026 TNHR&CE Act. Directing the first respondent to consider and dispose of such application, once filed in accordance with law, this Writ Petition is disposed of by setting aside the impugned order only insofar as it pertains to late Sundralingam. If the petitioner’s application is accepted, it would be open to him to challenge the appointment of the fit person. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 15-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No apd To
1. The Joint Commissioner
Dindigul District.
2. The Assistant Commissioner Hindu Religious and Endowment Department, No.28/29 Pandiyan Nagar, Dindigul.
3. The Executive Officer Arulmigu Seenivasaperumal Thirukovil, Malaiadivaram, Dindigul, Dindigul District.
WP(MD) No. 29621 of 2026 SENTHILKUMAR RAMAMOORTHY, J. apd WP(MD) No. 29621 of 2026 AND WMP(MD) No. 22520 of 2026 15-10-2026