V.K.Yoganantham v. The Joint CommisionerHr And Ce Department

WP No. 4738 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 09-03-2026CORAMTHE HONOURABLE MR JUSTICE M.DHANDAPANIWP No. 4738 of 2024 and WMP.Nos.5176 & 5177 of 2024V.K.YogananthamPetitioner(s)Vs1. The Joint CommisionerHr And Ce Department, No. 2/6 Petchi Ammal Street, 4/20, Bharathi Nagar Extension, Bharathi Nagar, Ranipet District 632 4012.Assistant Commissioner /Executive Officer (fit Person ) Hr And Ce Department, Arulmigu Srinalleswarar Thirukovil , Nellorepettai, Panapakkam, Ranipet District 631 0523.P.N. Sadanandha Mudaliar, Respondent(s)PRAYER: Petition filed under Article 226 of Constitution of India, calling for the records pertaining to the impugned order of the 1st respondent in Sa.Mu.NA.Ka. No. 435/ 2024/ AA2 dated 19.01.2024 and consequential proceedings by the 2nd respondent in Na.Ka.No. 09/2024 dated 3.02.2024 and quash the same and consequently direct the 1st respondent and to interfere in the administration of the petitioner Temple. For Petitioner(s):Mr.B.Sanjay BalachandarFor Respondent(s):Mr.S.Ravichandran, AGP (HR & CE) for R1 and R2M/s. M. Sriram for R3ORDERThis petition has been filed challenging the order of the 1st respondent in Sa.Mu.NA.Ka. No. 435/ 2024/ AA2 dated 19.01.2024 and consequential https://www.mhc.tn.gov.in/judis WP No. 4738 of 2024proceedings by the 2nd respondent in Na.Ka.No. 09/2024 dated 3.02.2024 and quash the same and consequently direct the 1st respondent and to interfere in the administration of the petitioner Temple.

It is the case of the petitioner that the petitioner is Trustee and President of the subject temple is managed and administered by members of the Trust. The petitioner family is performing as the Hereditary Trustee from time immemorial, however, the first respondent has appointed a Fit Person vide the impugned order. Challenging the said order, this writ petition.

The learned counsel for the petitioner and the learned counsel for the third respondent, in unison, submitted that this Court may permit the petitioner and the third respondent to file their respective applications for appointment of hereditary trustee in terms of Section 64(1) of HR & CE Act before the first respondent within a period of two weeks, if not already filed. If the applications are already filed, the same may be disposed of within a period of twelve weeks.

The learned Additional Government Pleader submitted that already Scheme Application is pending before the first respondent and if at all, the petitioner and the third respondent file their applications under Section 64(1) of HR & CE Act, the same will be disposed of within the stipulated time as fixed by this Court. https://www.mhc.tn.gov.in/judis WP No. 4738 of 20245. Heard both sides and perused the materials placed on record.

Considering the limited relief now sought for, this Court without going into the merits of the case, directs the petitioner and the third respondent to file applications under Section 54(1) of Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 within a period of two weeks, if not already filed. If the applications are already filed, the applications be disposed of within a period of twelve weeks. Besides, there shall also be a direction to the first respondent to dispose of the scheme application pending on its file within a period of 12 weeks from the date of receipt of a copy of this Order. It is also made clear that the present appointment of Fit Person is subject to the result of the applications to be filed by the petitioner and the third respondent, if not already filed.