Mr.Kumaresan v. The Commissioner

Order This Writ Petition has been filed to direct the 1st respondent to take the appeal on file and number the same.

¶2The learned counsel appearing for the Petitioners submitted that the Petitioners are the descendants of the late Mr. Perumal Nadar, who founded the Arulmigu Thoranamalai Murugan Temple and discharged his duties as its founder trustee. Following his demise, the temple was brought under the administrative control of the Hindu Religious and Charitable Endowments (HR&CE) Department in the year 1980. Subsequently, the legal heirs filed an Original Application (O.A.) before the Joint Commissioner for the declaration and appointment of hereditary trustees. Consequent to those proceedings, seven individuals were appointed as the Hereditary Trustees of the temple, including the father of the 3rd Respondent and the father of the Petitioners. Page3 of 5

¶3Upon the demise of the Petitioners' father, the Petitioners preferred an application under Section 64(1) of the Tamil Nadu HR&CE Act, 1959, seeking appointment as Hereditary Trustees of the said temple. In the interim, the Petitioners came to know that the 3rd Respondent had filed an O.A. before the 2nd Respondent, seeking to declare himself as the Hereditary Trustee of the temple, citing his father's advanced age. The 2nd Respondent, vide an order dated 16.07.2019, allowed the application and appointed the 3rd Respondent as the Hereditary Trustee. Aggrieved by the same, the Petitioners preferred a statutory appeal dated 29.06.2026 before the Commissioner of HR&CE. However, since the said appeal has not been taken on file to date, the Petitioners have approached this Court.

¶4In reply, the learned Special Government Pleader appearing for the respondents 1 and 2 submitted that the petitioner's appeal will be taken on record and the same would be considered and disposed of by the 1st respondent within a period of twelve weeks.

¶5Heard the learned counsel for the petitioners and the learned Special Government Pleader for the respondents, and also perused the materials available on record. Page4 of 5

¶6In view of the above submissions, this Court, without expressing any opinion on the merits of the matter, directs the 1st respondent to take the appeal dated 29.06.2026 filed by the petitioners on record and consider the same on its own merits and dispose of the same in accordance with law within a period of six weeks from the date of receipt of a copy of this order.

¶7With the above directions, this Writ Petition stands disposed of. No costs. 06-08-2026 Index: Yes/No Speaking/Non-speaking order SK To

¶1The Commissioner Hindu Religious and Charitable Endowments, 119, uthamar gandhi road, thousand lights west, nungambakkam, chennai, greater chennai, tamilnadu 600034.

¶2Joint Commissioner Hindu Religious and Charitable Endowments, No.52, A/1, Trivandrum road, opposite oriental bank, kokkirakulam, palayamkottai, Tirunelveli - 627002, Tamilnadu. WPoNo.o30990oofo2026 KRISHNANoRAMASAMYoJ. sk WPoNo.o30990oofo2026 06-08-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-08-2026 CORAM THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY 1. Mr.Kumaresan S/o.Adi Narayanan, 216, silaraipuravu, sivanaadalur, muthumalaipuram, kakayanur, pavuchatiram taluk, tenkasi. 2. MR.Muraliram S/o.Late Adinarayanan, no.19, sastri salai, periya nagar, alwar thirunagar post, chennai - 600087. 3. MR.Murugesan 2/45, silaraipuravu, sivanaadalur, muthumalaipuram, kakayanur, pavuchatiram, taluk, tenkasi. ..Petitioner(s) Vs 1. The Commissioner Hindu Religious and Charitable Endowments, 119, uthamar gandhi road, thousand lights west, nungambakkam, chennai, greater chennai, tamilnadu 600034. 2. Joint Commissioner Hindu Religious and Charitable Endowments, No.52, A/1, Trivandrum road, opposite oriental bank, kokkirakulam, palayamkottai, Tirunelveli - 627002, Tamilnadu. 3. MR.Senbagaraman S/o.K.Adinarayanan, Ramaswamy kovil street, muthunaalaipuram, sivaramanoor post, tenkasi. ..Respondent(s) Page2 of 5 Prayer: writ Petition is filed under Article 226 of the Constitution of India praying for issuance of writ of Mandamus to direct the 1st respondent to take the appeal filed under the reference number being N.DIS No.2866097/2026/D2 dated 29.06.2026 on file, number the same. For Petitioner(s): Mr.S.Subashiny For Respondent(s): Mr.V.Chandraprabu, Special Government Pleader (HR and CE) for R1 and R2