High Court · 2025

W.P.(MD) No.21225 of 2025the Division Bench of this Court in W.A.(MD) No.1211 of 2024 dated 06.06.2025 in its strict sense. For Petitioner: Mr.D.VenkateshFor Respondents: Mr.S.S.Madhavan Additional Government PleaderO R D E RThis Writ Petition is being disposed of at the admission stage itself, after hearing the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents. M/s.C.Geetha, learned counsel, appears for the present trustee of the subject temple, namely, Sri Pasunkili Ayyan Sastha Temple, Gobalasamuthiram, Ambasamuthiram Taluk, Tirunelveli District, who is not a party to this Writ Petition.2. In this Writ Petition, the petitioner, a member of Sri Pasunkili Ayyan Sastha Patharai Pangu Thevar Uravinmurai Sangam, a society registered on 07.12.2009, seeks for a certiorarified mandamus to quash the impugned notices dated 14.07.2025 and 23.07.2025 issued by the second respondent, and to direct the respondents to convene the general body meeting only among the members of the said Sangam for the selection of non-hereditary trustees, as per the Scheme framed by the order of the first _____________Page No. 2 of 13 https://www.mhc.tn.gov.in/judis W.P.(MD) No.21225 of 2025respondent in O.A.No.1 of 1999 dated 20.06.2006, by following the directions issued by the Division Bench of this Court in its order dated 06.06.2025 in W.A. (MD) No.1211 of 2024, in its strict sense. 3. By the first mentioned impugned communication dated 14.07.2025, the second respondent has asked the persons belonging to the Patharai Pangu Thevar community to submit their identity documents, with photographs evidencing their membership of the said community on 20.07.2025 at 05.:45 p.m., for the purpose of participation in the general body meeting as members. The said impugned communication dated 14.07.2025 reads as under:mwptpg;GjpUney;Ntyp khtl;lk;> Nrud;kfhNjtp tl;lk;> NfhghyrKj;jpuk; fpuhkk;> mUs;kpF gRq;fpsp ma;ad; rh];jh jpUf;NfhapYf;F epu;thf jpl;lk; Vw;gLj;jg;gl;L jpUney;Ntyp> ,iz Mizau; mwq;fhtyu; epakd nr.K.e.f.vz;.3671/2022/m2 ehs; : 05.01.2024 cj;jutpd;gb guk;giu Kiw toprhuh mwq;fhtyu;fs; epakdk; nra;J cj;jutplg;gl;Ls;sijj; njhlu;e;J %d;W egu;fs; nfhz;l mwq;fhtyu; FO nray;gl;L tUfpwJ. nrd;id cau;ePjpkd;w kJiu fpisapy; W.P.(MD).No.1211/2024 tof;fpd; cj;jutpd;gbAk; jpUney;Ntyp> ,iz Mizau; f.vz;. 3671/2022/m2 ehs; : 09.07.2025 cj;jutpw;fpzq;fTk;> nghJ FOtpid Vw;gLj;Jtjw;F NfhghyrKj;jpuk; fpuhkj;jpy; jw;NghJ trpj;J tUk; gj;jiu gq;F Njtu;fs; rKjhaj;jpid rhu;e;j cWg;gpdu;fs; kl;Lk; jq;fSila Mjhu; milahs ml;il gj;jiu gq;F Njtu; rKjhaj;ij rhu;e;jtu; vd;gjw;fhd VNjDk; xU Mtzk; Gifg;glk; (flTr; rPl;L msT) kw;Wk; _____________Page No. 3 of 13 https://www.mhc.tn.gov.in/judis W.P.(MD) No.21225 of 2025Gifg;glj;Jld; $ba VNjDk; xU milahs ml;ilAld; 20.07.2025 md;W khiy 5.45 kzpf;F cWg;gpdu; fbjj;jpid (miog;Ngrp vz;Zld;) jpUney;Ntyp> ,e;J rka mwepiyaj;Jiw> cjtp Mizau; mYtyfj;jpy; (24B> 26tJ FWf;Fj; njU> cotu; re;ij mUfpy;> kfhuh[h efu;> ghisaq;Nfhl;il) my;yJ Ma;thsu; mYtyfj;jpy; (Ma;thsu;> ,e;J rka mwepiyaj;Jiw> Nrud;kfhNjtp> g]; ];lhz;l; mUfpy;> mUs;kpF itj;jpaehjRthkp jpUf;Nfhtpy; vjpupy;> Nrud;kfhNjtp) NeupNyh my;yJ jghy; %ykhfNth toq;fpLkhW Nfl;Lf; nfhs;sg;gLfpwJ. jtWk;gl;rj;jpy; jq;fSila tpz;zg;gq;fs; nghJf;FO $l;lj;jpd;NghJ Vw;Wf; nfhs;sg;glkhl;lhJ vd njuptpj;Jf; nfhs;sg;gLfpwJ.,lk;: jpUney;Ntyp uh. Rg;Gnyl;Rkpehs; : 14.07.2025 cjtp Mizau; ,e;J rka mwepiyaj;Jiw jpUney;Ntyp4. By the second of the impugned communications, dated 23.07.2025, the second respondent has invited applications from members of the Patharai Pangu Thevar community for the appointment of a non-hereditary trustees of Sri Pasunkili Ayyan Sastha Temple in the general body meeting proposed to be held on 05.08.2025 at 11.00 a.m. The said impugned communication dated 23.07.2025 reads as under:mwptpg;GjpUney;Ntyp khtl;lk;> Nrud;kfhNjtp tl;lk;> NfhghyrKj;jpuk; fpuhkk;> mUs;kpF gRq;fpsp ma;ad; rh];jh jpUf;NfhapYf;F mwq;fhtyu;fs; Nju;T _____________Page No. 4 of 13 https://www.mhc.tn.gov.in/judis W.P.(MD) No.21225 of 2025nra;tJ njhlu;ghf nrd;id cau;ePjpkd;w kJiu fpis W.PM.D.NO.1211/2024 tof;fpd; cj;jutpd;gbAk;> jpUney;Ntyp> ,izMizau;> e.f.vz;.3671/2022/m2> ehs;.09.07.2025 cj;jutpw;fpzq;fTk;> NfhghyrKj;jpuk; fpuhkj;jpy; trpj;J tUk; mUs;kpF gRq;fpsp ma;ad; rh];jh jpUf;Nfhapiyr; rhu;e;j gj;jpug;gq;F Njtu; rKjha cWg;gpdu;fs; kl;Lk;> ,j;jpUf;NfhapYf;F mwq;fhtyuhf tpz;zg;gpf;f tpUg;gk; cs;stu;fs; jpUney;Ntyp> ,e;J rka mwepiyaj;Jiw> cjtp Mizau; mYtyfj;jpy; (24B> 26 tJ FWf;Fj; njU> cotu; re;ij mUfpy;> kfhuh[h efu;> ghisaq;Nfhl;il) 23.07.2025 Kjy; mwq;fhtyu;fs; gjtpf;fhd tpz;zg;gj;jpid ngw;W 04.08.2025 md;W gpw;gfy; 03.00 kzpf;Fs; ,t;tYtyfj;jpy; cupa ,izg;GfSld; rku;g;gpf;FkhW njuptpf;fg;gLfpwJ. 04.08.2025 md;W gpw;gfy; 03.00 kzpf;F gpd;du; ngwg;gLk; tpz;zg;gq;fs; guprPypf;fg;glhJ. Nkw;gb tpz;zg;gq;fspy; jFjp cs;s egu;fsJ tpz;zg;gq;fs; guprPyid nra;ag;gl;L mwq;fhtyu;fs; Nju;jYf;F Nju;T nra;ag;gl;L> nghJf;FO $l;lj;jpy; thf;nfLg;G %yk; 05.08.2025 Kw;gfy; 11.00 kzpf;F Nju;T nra;ag;gLtu;.NfhghyrKj;jpuk; fpuhkk;> mUs;kpF gRq;fpsp ma;ad; rh];jh jpUf;Nfhapy; tshfj;jpy; itj;J gj;jpiug; gq;F Njtu; rKjhaj;ijr; Nru;e;j cWg;gpdu;fs; Kd;dpiyapy; 05.08.2025 md;W Kw;gfy; 11.00 kzpf;F Nkw;gb jpUf;NfhapYf;F mwq;fhtyu;fs; Nju;T nra;ag;gLthu; vd mwptpf;fg;gLfpwJ. uh.Rg;Gnyl;Rkp>,lk; jpUney;Ntyp cjtp Mizau;ehs; 23072025 ,e;J rka mwepiyaj;Jiw jpUney;Ntyp5. It is noticed that the petitioner had earlier approached this Court in W.P.(MD) No.2937 of 2024, wherein the petitioner had challenged the order of the first respondent dated 05.01.2024 bearing reference _____________Page No. 5 of 13 https://www.mhc.tn.gov.in/judis W.P.(MD) No.21225 of 2025Se.Mu.Na.Ka.No.3671/22/A2 and sought a direction to the first respondent to select the Managing Trustee of the subject temple, as per the Scheme framed in O.A.No.1 of 1999, from the list of persons elected in the general body meeting of Sri Pasunkili Ayyan Sastha Patharai Pangu Thevar Uravinmurai Sangam held on 26.09.2021.6. The aforesaid Writ Petition was considered by the Court vide order dated 12.02.2024. Taking note of the Scheme framed by the Joint Commissioner of H.R. & C.E. Department on 20.06.2006 in O.A.No.1 of 1999, the Court directed the Commissioner of H.R. & C.E. Department to dispose of R.P.No.199 of 2023 filed by the petitioner herein. 7. R.P.No.199 of 2023 was filed by the petitioner herein against the decision relating to the appointment of previous trustees and pending the said revision petition, an order dated 05.01.2024 bearing reference Se.Mu.Na.Ka.No.3671/22/A2 was passed by the first respondent herein, whereby three persons were appointed as trustees for the subject temple.8. The case of the petitioner is that after the Scheme Decree was passed in O.A.No.1 of 1999 on 20.06.2006, the aforesaid society was _____________Page No. 6 of 13 https://www.mhc.tn.gov.in/judis W.P.(MD) No.21225 of 2025registered on 07.12.2009 under the provisions of the Tamil Nadu Societies Registration Act, 1975 and that the Scheme Decree dated 20.06.2006 was post facto published in the Tirunelveli District Gazette on 18.09.2012. Thus, it is the contention of the petitioner that only the members of the said registered society were to be appointed as non-hereditary trustees of the temple. 9. It is noticed that the petitioner, aggrieved by the order of the learned Single Judge dated 12.02.2024 in W.P.(MD) No.2937 of 2024, preferred W.A.(MD) No.1211 of 2024 before the Division Bench of this Court.10. The Division Bench, by its order dated 06.06.2025 in the above Writ Appeal, concluded that a reading of Clause 4 of the Scheme Decree dated 20.06.2006 indicates that the general body meeting of the community must be convened and in that meeting, three to five persons are to be selected and the selected list shall be sent to the competent authority, who will ultimately make the appointment. The Division Bench further concluded that since the appointment made by the first respondent herein was not in accordance with Clause 4 of the Scheme Decree, the _____________Page No. 7 of 13 https://www.mhc.tn.gov.in/judis W.P.(MD) No.21225 of 2025said appointment was held to be contrary to the said Scheme Decree dated 20.06.2006. 11. However, the Division Bench held that it was not inclined to set aside the impugned proceedings therein, for the simple reason that 1½ years had elapsed since the previous trustees were appointed by the first respondent herein vide his proceedings dated 05.01.2024 bearing reference Se.Mu.Na.Ka.No.3671/22/A2 and that they had only six months of residual tenure. Therefore, the Division Bench directed the first respondent herein to forthwith notify and constitute the general body. The operative portion of the order of the Division Bench dated 06.06.2025, rendered in W.A.(MD) No.1211 of 2024, reads as under: “6. In this case, such a general body meeting was not convened at all. Therefore, the impugned proceedings of the Joint Commissioner cannot be said to be in accord with the scheme set out in O.A.No.1 of 1999 dated 20.06.2006. But we are not inclined to set aside the impugned proceedings for the simple reason that 1 ½ years have elapsed and the trustees have hardly six more months of tenure left. 7. However, the illegality that had taken place cannot be allowed to be perpetuated. We therefore direct the Joint Commissioner, Hindu Religious and Charitable Endowment Department, Tirunelveli to forthwith notify the constitution of the general body. The Joint _____________Page No. 8 of 13 https://www.mhc.tn.gov.in/judis W.P.(MD) No.21225 of 2025Commissioner, Hindu Religious and Charitable Endowment Department, Tiruenlveli will associate his immediate sub-ordinate in this task. Within a period of three weeks from the date of receipt of a copy of this judgment, the composition of the general body as envisaged by the scheme shall be finalized. Thereafter, the Joint Commissioner, Hindu Religious and Charitable Endowment Department, Tirunelveli will convene the general body meeting for selecting the trustees. Once the said selection is over, then the appointment has to be made in terms of Clauses 4 and 5 of the scheme. The entire exercise shall be completed within a period of two months. Once the process is completed, the trustees selected under the impugned proceedings will have to immediately vacate their office. 8. We are of the view that the scheme framed on 20.06.2006 in O.A.No.1 of 1999 does not appear to be comprehensive. We note that there are quite a few gaps. We, therefore, call upon the second respondent to suo motu have a re-look at the scheme.”12. Clause 4 of the Scheme Decree dated 20.06.2006, which was considered by the Division Bench of this Court while passing the aforesaid order dated 06.06.2025 in W.A.(MD) No.1211 of 2024, is reproduced hereunder: “Such selection shall be made by the said community members at its general body meeting and the list of selected persons shall be sent to the competent authority to place the same before the District Committee or Tamil Nadu Temple Administrative Board as the case may be for its approval and the said District Committee, Temple Administrative Board will appoint the trustees under _____________Page No. 9 of 13 https://www.mhc.tn.gov.in/judis W.P.(MD) No.21225 of 2025Section 49 of the Act subject to the qualifications mentioned under Section 26 of the Act 22/59.” 13. A reading of Clause 4 of the Scheme Decree dated 20.06.2006 indicates that the selection is to be made from and among the members of the aforesaid community, namely the Patharai Pangu Thevar community of Gopalasamudram Village.14. The Scheme Decree dated 20.06.2006 does not contemplate the constitution of a society or that the appointment shall be made only from and among the members of Sri Pasunkili Ayyan Sastha Patharai Pangu Thevar Uravinmurai Sangam. The appointment is to be made from and among the members of the aforesaid community in the aforesaid village alone. 15. The petitioner therefore cannot question the impugned communications dated 14.07.2025 and 23.07.2025, whereby the first respondent called upon the members of the aforesaid community, namely, the Patharai Pangu Thevar community of Gopalasamudram Village, to submit their identity documents for participation in the general body meeting and also to submit applications for appointment of non-hereditary _____________Page No. 10 of 13 https://www.mhc.tn.gov.in/judis W.P.(MD) No.21225 of 2025trustees of the subject temple. Therefore, the impugned communications cannot be quashed. 16. In case the petitioner wants to ensure that only members from the said society are nominated as representatives of the aforesaid community from the said village, it is for the petitioner to move a suitable application for modification of the Scheme Decree dated 20.06.2006, framed by the Joint Commissioner under Section 64(1) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959. 17. Therefore, this Writ Petition is liable to be dismissed and is accordingly dismissed. No costs. Consequently, the connected Miscellaneous Petitions are closed.04.08.2025 JENIndex: YesInternet : YesNeutral Citation : YesTo1.The Joint Commissioner, H.R. & C.E. Department, Tirunelveli.2.The Assistant Commissioner,_____________Page No. 11 of 13 https://www.mhc.tn.gov.in/judis W.P.(MD) No.21225 of 2025 H.R & C.E. Department, Tirunelveli._____________Page No. 12 of 13 https://www.mhc.tn.gov.in/judis W.P.(MD) No.21225 of 2025C.SARAVANAN , J. JENW.P.(MD) No.21225 of 2025 04.08.2025_____________Page No. 13 of 13