High Court · 2025

W.P(MD)No.18534 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED : 08.07.2025CORAM THE HONOURABLE MR.JUSTICE C.SARAVANANW.P(MD)No.18534 of 2025andW.M.P(MD)Nos.14212 and 14213 of 2025A.Renganathan ... PetitionerVs.1.The Commissioner, Hindu Religious and Charitable Endowment Department, Chennai.2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Dindigul.3.The Executive Officer, Hindu Religious and Charitable Endowment Department, Arulmigu Vandikaruppana Swamy Thirukovil, Thangammapatti, Dindigul District. ...RespondentsPrayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the entire records pertaining to the impugned auction notification dated 24.06.2025 issued by the third respondent in so far as the item No.1 namely collection of coins thrown by the travellers plying through vehicles at Dindigul-Trichy Highways in front of the Aurlmigu Vandi Karuppana Swami 1/9 https://www.mhc.tn.gov.in/judis W.P(MD)No.18534 of 2025Thirukovil, Thangammapatti, Vedachandur Taluk, Dindigul District is concerned and quash the same and consequently direct the third respondent to comply with the order passed by the second respondent in Na.Ka.No.6681/2025/A3 dated 28.06.2025 based on the resolution passed by the petitioner as a Hereditary Trustee of the said Temple. For Petitioner : Mr.R.AnandFor R1 & R2 : Mr.S.S.Madhavan Additional Government PleaderFor R3 : Mr.V.R.Shanmuganathan Standing Counsel ORDERThis writ petition has been filed challenging the impugned auction notification dated 24.06.2025 issued by the third respondent in so far as the item No.1 namely collection of coins thrown by the travellers plying through vehicles at Dindigul-Trichy Highways in front of the Aurlmigu Vandi Karuppana Swami Thirukovil, Thangammapatti, Vedachandur Taluk, Dindigul District is concerned and consequently direct the third respondent to comply with the order passed by the second respondent in Na.Ka.No.6681/2025/A3 dated 28.06.2025 based on the resolution passed by the petitioner as a Hereditary Trustee of the said Temple.2/9 https://www.mhc.tn.gov.in/judis W.P(MD)No.18534 of 20252. It is the specific case of the petitioner that he is the hereditary trustee of the Aurlmigu Vandi Karuppana Swami Thirukovil, Thangammapatti, Vedachandur Taluk, Dindigul District. The temple is situated adjacent to the highway.3. The devotees passing by the temple offer their prayers by either dropping cash/coins while proceeding with the journey or sometimes offer their prayer after parking their vehicles in front of the temple and drop cash on the plate and in return receives vibuthi as a symbol for the prayer offered to the deity of the said temple.4.It is submitted that the petitioner had also approached this court earlier in W.P(MD)No.16974 of 2024, wherein, the petitioner had prayed for a direction for conduct of auction for grant of the leasehold rights with regard to the collection of Eri Kasu (coins/cash strewn on the road) and Thattu Kasu (plate offering) and for collection of parking fees for the Fasli Year 1434. 3/9 https://www.mhc.tn.gov.in/judis W.P(MD)No.18534 of 20255. It is submitted that this Court had categorically held that the representation of the petitioner, dated 05.07.2024 was directed to be considered for conduct of auction for granting leasehold rights with regard to the collection of Thattu Kasu, Eri Kasu and Parking Fees for the Fasli Year 1434 strictly in consonance with the requirements of the Religious Institutions (Lease of Immovable Property) Rules, 1963.6. It is submitted that contrary to the directions issued in W.P(MD)No.16974 of 2024, dated 24.07.2024, the third respondent has now issued the impugned auction notice, dated 24.06.2024, by confining Serial No.1 only to Eri Kasu. It is submitted that the issue stands clarified by the aforesaid order. It is therefore submitted that the impugned notification is contrary to the direction of this Court dated 24.07.2024. It is noticed that the petitioner had also approached this Court in W.P(MD)No.31050 of 2024, wherein, auction notice dated 24.07.2024 was challenged on the ground that it was contrary to the order, dated 24.07.2024 in WP(MD)No.16974 of 2024. This Court had observed that non-inclusion of Thattu Kasu need not be a hindrance for auction and hence a direction was issued to the third respondent 4/9 https://www.mhc.tn.gov.in/judis W.P(MD)No.18534 of 2025to conduct independent auction for Thattu Kasu (Plate Collection). The said writ petition is still pending as on date. 7. The learned Standing Counsel for the third respondent on the other hand submits that a resolution was passed on 18.06.2025 for the following:- “jPh;khdk;: nghUs; ghprPypf;fg;gl;L 1435-Mk; grypf;fhd 1.VwpfhRfs; Nrfuk; nra;Ak; chpkk; 2.thfdq;fs; ghJfhf;Fk; chpkk;> 3.rpjW Njq;fha;fs; Nrfuk; nra;Ak; chpkk;. nghJ Vyk; / nlz;lh; jpwg;G tUfpd;w 09.07.2025 Mk; Njjp Kw;gfy; 11.30 kzpastpy; tlkJiu mUs;kpF nrse;juuh[g;ngUkhs; jpUf;Nfhapy; mYtyfj;jpy; itj;J elj;Jtjw;F ,iz MizaUf;F tpz;zg;gpj;J mDkjp ngw jPh;khdpf;fg;gLfwpJ.”8. It is submitted that the resolution was signed by the petitioner himself as the Hereditary Trustee of the said temple. It is therefore submitted that no justification in challenging the impugned tender notification particulary on the 11th hour ie. one day before the tender. However, the learned counsel for the petitioner submitted that the specific resolution was passed on 24.06.2025 for collection for the interregnum period only between 01.07.2025 and 09.07.2025 and that 9. By way of rejoinder, the learned counsel for the petitioner drew 5/9 https://www.mhc.tn.gov.in/judis W.P(MD)No.18534 of 2025attention of the order of the Joint Commissioner dated 28.06.2025 bearing Na.Ka.No.6681/2025/A3. It is submitted that the resolution, dated 24.06.2025 was only for interregnum.10. Having considered the arguments advanced by the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents 1 and 2 and the learned Standing Counsel for the third respondent, I am of the view that the collection coins dropped in front of the Temple or by way of offering to the deity or in the form of plate offerings (Thatu Kasu) has to be strictly in accordance with the provisions of the Religious Institution (Lease of Immovable Property) Rules, 1963. It is also inconceivable how two separate tenders can be floated for Thattu Kasu and Eri Kasu which happen almost simulataneously in the same location with no distinction. 11. Further, the third respondent Executive Officer of the temple has to act in the interest of the temple and diety. He cannot be seen taking sides.12. Considering the same, the impugned auction notice in so far as Serial No.1, which is for collection of cash by throwing coins in front of the 6/9 https://www.mhc.tn.gov.in/judis W.P(MD)No.18534 of 2025temple without including the plate offerings is liable to be interfered with as it is in direct conflict with the order passed by this Court in W.P(MD)No.16974 of 2024, dated 24.07.2024. The opeartive portion of the said order reads as under:8. Having considered the submissions made by the learned counsel for the parties, I am of the view that the prayer of the petitioner to consider and dispose of his representation dated 05.07.2024 for conduct of the auction for grant of leasehold rights with regard to collection of Thattu Kasu, Eri Kasu, and Parking Fees for the Fasli Year 1434 in the Temple cannot be denied, as it would be in consonance with the requirements of the Religious Institutions (Lease of Immovable Property) Rules, 1963. 9. The petitioner is not seeking for a positive direction for conferring such rights to him without an auction. Only such prayer would be against the provisions of the H.R. & C.E. Act and the above said Rules.10. Therefore, this Writ Petition is allowed by directing the respondents to hold auctions strictly in accordance with the provisions of the Religious Institutions (Lease of Immovable Property) Rules, 1963. This exercise shall be carried out by the respondents as expeditiously as possible, preferably, within a period of four weeks from today. 11. It is open for the petitioner to ensure that there is proper participation from the Public and there is no cartelization in the auction. The petitioner is directed to co-operate with the second respondent. The second respondent may seek the assistance of the Superintendent of Police to deploy an adequate number of Police Personnel during the auction, if deemed necessary. No costs. 13. The said order has neither been challenged nor reversed. Therefore, the third respondent is directed to issue a fresh auction notice by including 7/9 https://www.mhc.tn.gov.in/judis W.P(MD)No.18534 of 2025both the Thattu Kasu and Eri Kasu in the auction. 14. The exercise shall be completed within a period of 30 days from the date of receipt of a copy of this order. Pending such exercise, the respondents shall allow the collection of cash in a sealed portable undiyal, which shall be duly accounted as the income of the temple.15. The writ petition stands disposed of. No costs. Consequently, the connected miscellaneous petitions are closed. 08.07.2025NCC : Yes / NoIndex : Yes / NoInternet : Yes / NosnTo1.The Commissioner, Hindu Religious and Charitable Endowment Department, Chennai.2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Dindigul.3.The Executive Officer, Hindu Religious and Charitable Endowment Department,8/9 https://www.mhc.tn.gov.in/judis W.P(MD)No.18534 of 2025 Arulmigu Vandikaruppana Swamy Thirukovil, Thangammapatti, Dindigul District.C.SARAVANAN, J. sn W.P(MD).No.18534 of 2025 08.07.20259/9