High Court · 2025

W.P.No.36012 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 18.09.2025CORAM :THE HONOURABLE MR. JUSTICE M. DHANDAPANIW.P.No.36012 of 2025andW.M.P.Nos.40261 to 40263 of 2025Manmangalam Rajagopal Chettiar Dharma Chatharam Endowment,Rep. by its Managing Trustee,S.F.No.753/B1, Semmadai,Salem Main Road, Manmangalam,Karur – 639 006.... PetitionerVs.1.The Commissioner, Hindu Religious and Charitable Endowments Department, Chennai – 600 034.2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Tiruppur.3.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Karur.4.The Inspector, Hindu Religious and Charitable Endowments Department, Manmangalam Village, Karur District.Page No.1 of 8 https://www.mhc.tn.gov.in/judis W.P.No.36012 of 20255.The Executive Officer, Arulmigu Vennaimalai Murugan Koil, Manmangalam, Karur – 639 006.... RespondentsPrayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent proceedings in Pro.Mu.Na.Ka.No.5845/2025/A1 dated 15.07.2025 and the consequential letter dated 05.08.2025 issued by 5th respondent, quash the same and consequently direct the respondents to permit the members of the petitioner Trust, being members of the Munugur family of Araya Vysya Chettiar community, to administer Manmangalam Rajagopal Chettiar Dharma Chatharam Endowment at Thannirpandalpalayam as per the scheme framed in O.A.No.47 of 1983 by order dated 25.11.1985.For Petitioners:Mr.K.V.Muthu VisakanFor Respondents:Mr.S.RavichandranAdditional Government Pleader*****ORDERThis Writ Petition has been filed by the petitioner seeking for a Writ of Certiorarified Mandamus, to call for the records of the 2nd respondent proceedings in Pro.Mu.Na.Ka.No.5845/2025/A1 dated 15.07.2025 and the consequential letter dated 05.08.2025 issued by 5th Page No.2 of 8 https://www.mhc.tn.gov.in/judis W.P.No.36012 of 2025respondent, quash the same and consequently direct the respondents to permit the members of the petitioner Trust, being members of the Munugur family of Araya Vysya Chettiar community, to administer Manmangalam Rajagopal Chettiar Dharma Chatharam Endowment at Thannirpandalpalayam as per the scheme framed in O.A.No.47 of 1983 by order dated 25.11.1985.2. Mr.S.Ravichandran, learned Additional Government Pleader, accepts notice on behalf of the respondents. In view of the consent expressed by the learned counsel for the parties, this Writ Petition is taken up for final disposal at the stage of admission itself.3. The case of the petitioner is that it is a trust formed for the benefit of the Munugur Araya Vysya Chettiar community by the elders of the petitioner's family during 1860. Whileso, the petitioner's father and elders of his community had filed O.A.No.47 of 1983 before the Deputy Commissioner, HR & CE Department, Trichy, and by order dated 25.11.1985, a scheme was framed, whereby only the members of the Munugur family of Araya Vysya Chettiar community are entitled to administer the said dharma chatharam. Eversince the said order and Page No.3 of 8 https://www.mhc.tn.gov.in/judis W.P.No.36012 of 2025before that his community has been maintaining the said chatharam. Pursuant to the proceedings of the Joint Commissioner, HR & CE Department, Trichy, dated 25.01.2018, the petitioner along with two other community members were selected as trustees of the trust and the petitioner was selected as Managing Trustee. Thereafter, they have been continuously functioning as such with the community re-selecting them every two years. The 2nd respondent wrongly assumed that the Trust Board had ceased to function after 02.02.2020 and by impugned order dated 15.07.2025 appointed the 5th respondent as fit person u/s 54(3) of the HR & CE Act, pursuant to which, the 5th respondent, by letter dated 05.08.2025, directed the trustees of the chatharam to hand over the charge. Immediately, the petitioner and other have informed the authorities with regard to their valid selection as trustees. Despite such intimation, the 5th respondent persisted in demanding the handing over of charge. Aggrieved by the impugned orders, the petitioner has filed the present writ petition before this Court.4. Though very many grounds have been raised in this writ petition, when the matter was taken up for hearing today, the learned counsel for the petitioner on instructions, submitted that if this Court Page No.4 of 8 https://www.mhc.tn.gov.in/judis W.P.No.36012 of 2025permits the petitioner to make an application before the 2nd respondent for appointment of non-hereditary trustee for the subject chatharam, the petitioner is ready to provide all the accounts of the subject chatharam to the 2nd respondent and also ready to co-operate with the 5th respondent, enabling the 2nd respondent to consider the petitioner's application for appointment of non-hereditary trustee.5. Heard both sides and perused the materials available on record.6. Admittedly, the petitioner's family and his community people were administering the subject chatharam since 1860. It is also not disputed that the petitioner and the other trustees are the non-hereditary trustees of subject chatharam and their period expired in the year 2020 itself, thereby, the 2nd respondent has passed the impugned order appointing the 5th respondent as fit person to the subject chatharam u/s 54(3) of the HR & CE Act. Consequently, the 5th respondent issued the impugned order dated 05.08.2025, directing the petitioner to hand over the charge of the subject chatharam. If the period of a non-hereditary trustee is expired, he has to approach the 2nd respondent for re-appointment. In the present case, even after expiry of the period, the Page No.5 of 8 https://www.mhc.tn.gov.in/judis W.P.No.36012 of 2025petitioner has not approached the 2nd respondent. Therefore, the impugned orders are passed, which cannot be said to be illegal, arbitrary or perverse and the same does not requires any interference. Hence, this Court is not inclined to interfere with the same.7. However, in view of the limited request sought for by the learned counsel for the petitioner, this Court, without interfering with the impugned orders, permits the petitioner to make appropriate application before the 2nd respondent for appointment of non-hereditary trustee in the Manmangalam Rajagopal Chettiar Dharma Chatharam Endowment, within a period of two (2) weeks from the date of receipt of a copy of this order. On receipt of such application, the 2nd respondent shall consider the same and pass appropriate orders, on merits and in accordance with law, within a period of six (6) weeks thereafter. Till such time, the petitioner is also entitled to perform pooja in the subject chatharam. Further, the petitioner is directed to provide all the accounts and other details of the subject chatharam to the 5th respondent and co-operate with the 5th respondent for the effective administration of the subject chatharam.Page No.6 of 8 https://www.mhc.tn.gov.in/judis W.P.No.36012 of 20258. With the above directions, this Writ Petition is disposed of. No costs. Consequently, the connected miscellaneous petitions are closed.18.09.2025Index : Yes / NoSpeaking order / Non-speaking orderNeutral Citation Case : Yes / NospTo1.The Commissioner, Hindu Religious and Charitable Endowments Department, Chennai – 600 034.2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Tiruppur.3.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Karur.4.The Inspector, Hindu Religious and Charitable Endowments Department, Manmangalam Village, Karur District.5.The Executive Officer, Arulmigu Vennaimalai Murugan Koil, Manmangalam, Karur – 639 006.Page No.7 of 8 https://www.mhc.tn.gov.in/judis W.P.No.36012 of 2025M.DHANDAPANI, J.spW.P.No.36012 of 202518.09.2025Page No.8 of 8