Madras High Court
WP(MD)/27858/2026 of P.Alagappan Pooasari Vs The Commissioner on 5 October 2026
W.P.(MD) No.27858 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.10.2026
CORAM
THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P.(MD) No.27858 of 2026
{CNR: HCMD011377482026}
and
W.M.P.(MD) Nos.21133 & 21134 of 2026
Case QR
P.Alagappan Pooasari,
Hereditary Trustee,
Arulmigu Sri Ayyanar Kovil,
Paaraipatti Village,Kodangipatti PO,
Vadipatti Taluk, Madurai District.
... Petitioner
Vs.
1.The Commissioner,
Hindu Religious and Charitable
Endowment Department,
Nungambakkam, Chennai 34.
2.The Joint Commissioner,
Hindu Religious and Charitable
Endowment Department,
Madurai, Madurai District.
3.The Assistant Commissioner,
Hindu Religious and Charitable
Endowment Department,
Madurai, Madurai District.
4.The Fit Person/Thakkar,
_____________
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W.P.(MD) No.27858 of 2026
Paaraipatti Village,
Kodangipatti PO,
Vadipatti Taluk,
Madurai District.
... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorari to call for the records relating to the impugned order passed by the second respondent in Proceedings No.
Se.Mu.Na.Ka.No.3019/2024/Aa1-1 dated 03.09.2026 (Suspension) and the consequential proceedings in Proceedings No.Se.Mu.Na.Ka.No.
3019/2024/Aa1-2 dated 03.09.2026, whereby a Thakkar/Fit Person has been appointed in respect of Arulmigu Sri Ayyanar Kovil, Parapatti Village, Nilakottai Taluk, Madurai District and quash the same as illegal, arbitrary, without jurisdiction, violative of the principles of natural justice and contrary to section 53(5) of the provisions of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959.
For Petitioner
: Mr.S.Saji Bino
For Respondents
: Mr.R.Parthiban
Special Government Pleader
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O R D E R
Orders dated 03.09.2026 suspending the petitioner as Hereditary Trustee of Arulmigu Sri Ayyanar Kovil, Parapatti Village, Nilakottai Taluk, Madurai District and instead appointing a Fit Person/Thakkar under Section 53(4) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 are challenged in this Writ Petition. _____________
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W.P.(MD) No.27858 of 2026
2. Asserting that the Joint Commissioner does not have the jurisdiction to suspend the petitioner and appoint a Fit Person/Thakkar, the learned counsel for the petitioner relies heavily on the earlier order of the Division Bench of this Court dated 27.08.2024 in W.A.(MD) No.1444 of 2024. He contends that this Court came down heavily on the H.R. & C.E. Department.
3. Mr.R.Parthiban, learned Special Government Pleader, accepts notice for the respondents. Mr.Ramesh Mahadev, learned counsel, appears on behalf of the concerned Village.
4. It is contended by learned Special Government Pleader for the respondents, H.R. & C.E. Department, that the Joint Commissioner is duly empowered to issue the orders impugned herein.
5. The record shows that charges were framed against the petitioner and that the petitioner has submitted an explanation thereto on 26.02.2026. Therefore, I find that the requirements of sub-sections (3) and (4) of Section 53 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 were satisfied. Under sub-section (5) of Section 53 of the Act, the _____________
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W.P.(MD) No.27858 of 2026 petitioner has an appellate remedy against the order of suspension by way of an appeal before the Commissioner. In these circumstances, I am not inclined to interfere at this juncture.
6. This Writ Petition stands disposed of on these terms. There shall be no order as to costs. Consequently, the connected Miscellaneous Petitions are closed. 05.10.2026 JEN NCC : No Index : No To
1. The Commissioner, Hindu Religious and Charitable Endowment Department, Nungambakkam, Chennai 34.
2. The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Madurai, Madurai District.
3. The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Madurai, Madurai District.
4. The Fit Person/Thakkar,
_____________
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W.P.(MD) No.27858 of 2026 Paaraipatti Village, Kodangipatti PO, Vadipatti Taluk, Madurai District. _____________
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W.P.(MD) No.27858 of 2026 SENTHILKUMAR RAMAMOORTHY, J. JEN W.P.(MD) No.27858 of 2026 05.10.2026 _____________
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