G.Sundaresan v. The Commissioner

ORDER Mr.R.Parthiban, learned Special Government Pleader, takes notice for the respondents 1 and 2. Mr.P.Mahendran, learned counsel takes notice for the second respondent.

¶2This Writ Petition is taken up for final hearing at the time of admission with the consent of the learned counsel for the petitioner, learned Special Government Pleader for the respondents 1 and 2 and learned counsel for the third respondent.

¶3The petitioner has approached this Court challenging the impugned communication/order of the second respondent dated 12.06.2025, bearing reference Na.Ka.No.263/2022/R1, whereby the request of the petitioner for constitution of a Board of Trustees came to be rejected.

¶4It is submitted that in this regard, the petitioner has also submitted a representation before the first respondent/Commissioner on 17.03.2026.

¶5It is noticed that there are two orders passed by the HR&CE Authorities which appear to be slightly conflicting. A scheme was framed under Section 64 of the TNHR&CE Act, 1959, in O.A. No. 65 of 1978, dated 28.07.1979. Subsequently, another order appears to have been passed under Section 63-B of the TNHR&CE Act, 1959, in O.A. No. 21 of 1994, dated 02.03.1998. In view of the apparent conflict between the said orders, the exercise of the power by the Joint Commissioner for constitution of a Board of Trustees requires reconsideration.

¶6Considering the fact that the petitioner has already escalated the issue by filing a petition before the first respondent/Commissioner on 17.03.2026 and the said representation shall be treated as an appeal under Section 69 of the TNHR&CE Act, 1959 before the first respondent/Commissioner, who is directed to dispose of the said representation by treating the same as an appeal under Section 69 of the TNHR&CE Act, 1959, as expeditiously as possible, preferably within a period of six (6) months from the date of receipt of a copy of this order.

¶7Needless to state, not only the petitioner but also to all parties who are likely to be impacted by the decision to be taken, shall be heard before the final orders are passsed.

¶8This Writ Petition is disposed of, with the above observations. No costs. W.M.P.(MD) No.16656 of 2026 is allowed. Consequently, connected miscellaneous petition is closed. Index : Yes / No

06.08.2026 Internet : Yes / No apd To

¶1The Commissioner, Hindu Religious and Charitable Endowments Department, Uthamar Gandhi Salai, Nungambakkam, Chennai - 600 034.

¶2The Joint Commissioner, Hindu Religious and Charitable Endowments Department, K.S.Kumaran Muthusamy Nagar, C.B.Colony, Sivagangai - 630 562.

C.SARAVANAN, J.

apd

06.08.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.08.2026 CORAM: THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P.(MD) Nos.16656 & 16657 of 2026 1. G.Sundaresan 2. V.R.Venkatachalam 3. C.Jambulingam 4. C.T.Kannan 5. S.Pethaperumal ... Petitioners Vs 1. The Commissioner, Hindu Religious and Charitable Endowments Department, Uthamar Gandhi Salai, Nungambakkam, Chennai - 600 034. 2. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, K.S.Kumaran Muthusamy Nagar, C.B.Colony, Sivagangai - 630 562. 3. The Fit Person, VR Chatram, Rameshwaram, O/o.The Executive Officer/Inspector, A/M Vettudaiyar Kalaiamman Temple, Hindu Religious and Charitable Endowments Department Ramanathapuram. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the 2nd respondent in Na.Ka.No. 263/2022/A1 dated 12.06.2025, quash the same and consequently, issue direction to the respondents to constitute a Board of Trustees to administer the VR Chatram and Trust activities in consonance with Clause (iii) of the Scheme framed in O.A. 65/1978 dated 28.07.1979. For petitioner : Mr.V. Sundari For R1 & R2 : Mr.R.Parthiban Special Government Pleader For R3 : Mr.P.Mahendran *****