CONT P/2914/2026 of R. Vasantha Vs Mr. J.Kumaragurubaran, I.A.S., and 2 others on 27 October 2026

COMMON ORDER

This Contempt Petition has been filed to punish the respondents for wilfully disobeying the interim order dated 17.07.2026 passed in W.M.P.No.22142 of 2026 in W.P.No.20590 of 2026.

2. This Writ Petition has been filed to quash the impugned proceedings issued by the first respondent in G.O.(Nilai) No.127 dated 03.03.2026, received by the petitioner on 24.03.2026, whereby she was permanently removed from the post of Hereditary Trustee of Arulmigu Vanabadrakaliamman Temple, Coimbatore, and consequently to direct the respondents to permit the petitioner to continue as the Hereditary Trustee of the said temple.

3. The grievance of the petitioner is that, by way of the impugned proceedings, she was removed from the post of Hereditary Trustee of Arulmigu Vanabadrakaliamman Temple. Though the petitioner had submitted adequate and elaborate reasons in response to the show-cause notice, the grounds raised and the reasons stated therein were not properly discussed or considered by the 1st respondent.

4. The petitioner contends that failure to consider the grounds raised by her amounts to a violation of the principles of natural justice. Aggrieved by the adverse order passed in violation of the principles of natural justice, she approached this Court by filing the Writ Petition.

5. On the other hand, the learned Additional Advocate General appearing for the respondents in both petitions would submit that the 1st respondent had passed a detailed order running into 150 pages. The petitioner had participated in the proceedings, and whatever defence she claimed had been duly incorporated in the impugned order. Once the petitioner has participated in the proceedings, the petitioner ought to approach the Civil Court by filing a suit in accordance with Section 53(6) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959.

6. It is admitted by the learned counsel for the petitioner that the petitioner was afforded an opportunity of hearing and had, in fact, participated in the proceedings conducted by the 1st respondent. The defence put forth by the petitioner also forms part of the order passed by the 1st respondent.

7. However, the grievance of the petitioner is that her defence was not considered in its proper perspective, resulting in passing of the adverse order impugned in the present proceedings.

8. Not considering the defence in proper perspective cannot, by itself, constitute a ground for invoking the writ jurisdiction of this Court on the ground of violation of the principles of natural justice. If at all the petitioner is aggrieved by the manner in which the 1st respondent has appreciated the facts and by the findings rendered therein, which, according to her, are improper, she ought to have approached the Civil Court by filing a suit in accordance with Section 53(6) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959. All the grounds relating to the improper appreciation of facts, documents and other aspects of the case can as well be agitated before the Civil Court by filing such a suit.

9. This Court, by order dated 27.05.2026 passed in W.P.No.20590 of 2026, granted the following interim relief: “2. There shall be an order of interim stay till 03.07.2026. If the interim order is not extended beyond 03.07.2026, the same shall stand automatically vacated.” 10..Thereafter, this Court passed a further order dated 17.07.2026, wherein paragraphs 4, 6 and 7 read as follows: “4.In this case, the 5th respondent-Assistant Commissioner, being an authority, should have properly supervised and managed the accounts and finances of the subject temple, which would have definitely prevented the aforesaid misappropriation of funds. Therefore, it is clear that the 5th respondent is also equally as responsible as the petitioner for such misappropriation. When such being the case, this Court is not inclined to accede to the request of the 5th respondent.

6. The interim order already granted by this Court, vide order dated 27.05.2026, is extended until further orders.

7. As far as finance is concerned, the petitioner is directed to maintain the accounts properly and submit the same before the 5th respondent-Assistant Commissioner periodically.”

11. The petitioner filed the Contempt Petition primarily on the ground that, though this Court had granted an interim order of stay against the order passed by the 1st respondent, the contemnor had not reinstated her as the Hereditary Trustee which ought to have been done since the interim order of stay would only operate as a direction to the 1st respondent to reinstate the petitioner as Hereditary Trustee.

12. The aforesaid contention of the petitioner is incorrect. The Contempt Petition seeking a direction for her reinstatement cannot be entertained. No such order of reinstatement was passed by this Court and it cannot be assumed from the interim order that there is any specific direction for reinstatement of the petitioner as a Hereditary Trustee. Be that as it may, the petitioner has an alternative remedy of approaching the Civil Court by filing a suit challenging the order passed by the first respondent. As already stated above, this Court does not find any violation of the principles of natural justice warranting the exercise of its writ jurisdiction under Article 226 of the Constitution of India.

13. Accordingly, both the Contempt Petition and the Writ Petition stand dismissed, granting liberty to the petitioner to approach the Civil Court. In view of the petitioner's having approached this Court and the interim orders passed herein, the Civil Court shall entertain the suit to be filed by the petitioner, as she has undertaken before this Court to file the suit within a period of four weeks from the date of receipt of a copy of this order. Consequently, connect miscellaneous petitions are closed. 27.10.2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No vv2

To

1. The Principal Secretary to the Government, Tourism, Culture and Religious Endowments Department, Secretariat, Chennai-600 009.

2. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Coimbatore – 641018.

3. The Assistant Commissioner/Executive Officer, Arul Mighu Vanabadrakali Amman Temple, Thekkampatti, Mettupalayam Taluk, Coimbatore – 641018.

4. The Additional Chief Secretary to the Government, Secretariat, Chennai – 600009.

5. The Commissioner, Hindu Religious and Charitable Endowments Department, Chennai – 600034.

6. The Fit Person, Arulmighu Vanabadrakali Amman Temple, Thekkampatti, Mettupalayam Taluk, Coimbatore District.

K.SURENDER J. vv2 CONT.P.No.2914 of 2026 and W.P.No.20590 of 2026 27.10.2026