WP/15267/2026 of SENGODAN Vs The Joint Commissioner
WP No. 15267 of 2026
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24-04-2026
CORAM
THE HON'BLE MR JUSTICE M.DHANDAPANI
WP No. 15267 of 2026
and
WMP.Nos.16459 & 16460 of 2026
Sengodan
S/o.late.Erusa Gounder,
Doro No.291, Moopan Thottam,
Sanarpalayam,
Mylampadi Vilalge,
Bhavani Taluk,
Erode District-638 314
..Petitioner(s)
Vs
1. The Joint Commissioner
Hindu Religious and Charitable Endowments
Department
Erode District.
2. The Assistant commissioner
Hindu Religious and Charitable Endowments
Department
Erode District.
3. The Revenue Divisional Officer
Gobichettipalayam
Erode District.
4. Kandasamy
Olagadam Vilalge,
Bhavani Taluk,
Erode District.
5. Periya Poosari @ Thappanallagounder,
S/o.Kandigoundan,
Koolaiyan Thottam,
Olagadam Village,
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Bhavani Taluk,
Erode District.
..Respondent(s)
Petition filed under Article 226 of the Constitution of India, praying for
issuance of Writ of Certiorarified Mandamus, calling for the records relating to
the impugned order dated 20.01.2025 made in O.A. No.157 of 2021 on the file
of the respondent No.1 and quash the same and consequently direct the
respondents to permit the petitioner to conduct pooja and temple festiva ls in
Arulmigu Erusiamman Temple, Situated at Vedikkarampalayam
Kunakkapalayam Madapillai, Olagadam Village, Bhavani Taluk, Erode District,
without interference, in accordance with the judgment and Decree dated
18.02.2019 in O.S. No.280 of 2007.
For Petitioner(s): Mr.B M Subash
For Respondent(s): Mr.N.R.R.Arun Natarajan, SGP for R1 to R3
ORDER
The impugned order dated 20.01.2025 passed by the first respondent in
O.A. No.157 of 2021, is put under challenge in the present Writ Petition.
Consequently, the petitioner has sought for a direction to the respondents to
permit him to conduct pooja and temple festivals in Arulmigu Erusiam man
Temple, situated at Vedikkarampalayam Kunakkapalayam Madapillai,
Olagadam Village, Bhavani Taluk, Erode District, without interference, in
accordance with the judgment and decree dated 18.02.2019 in O.S. No.280 of
2007.
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2. Heard the learned counsel for the petitioner and learned Special
Government Pleader appearing for the respondents 1 to 3. Since no adverse
order is to be passed as against the respondents 4 & 5 in the present Writ
Petition, notice to them is dispensed with and the matter is t aken up for hearing
at the admission stage itself.
3. The learned counsel for the petitioner submitted that the fourth
respondent has made an application to recognise him as hereditary tr ustee to the
subject temple in O.A.No.157 of 2021 before the first respondent and the same
was allowed in his favour by the first respondent and challenging the same, the
present Writ Petition has been filed by the petitioner to grant the relief as sought
for by him in this Petition.
4. Per contra, the learned Special Government Pleader appearing on
behalf of the respondents 1 to 3 submitted that if at all, the petitioner is
aggrieved by the order passed by the first respondent/Joint Commissioner,
Hindu Religious and Charitable Endowments [HR & CE] Department, E rode
District in O.A.No.157 of 2021 under Section 63(b) of the HR & CE Act , an
effective remedy is available to the petitioner under Section 69 of the said Act
to prefer an appeal before the Commissioner, HR & CE Department and thus,
prayed for passing appropriate orders.
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5. Considering the submissions made on either side, this Court directs the
petitioner to prefer an appeal before the Commissioner, HR & CE D epartment,
within a period of two weeks from the date of receipt of a copy of this order.
On receipt of such an appeal petition from the petitioner, the Commissioner, HR
& CE Department shall dispose of the same on merits and in accor dance with
law, after providing an opportunity of hearing to the respondents 4 & 5 herein,
as well as any other interested parties in the subject issue, w ithin a period of six
weeks therefrom.
6. With the above directions, the Writ Petition is disposed of.
Consequently, connected Miscellaneous Petitions are closed. There shall be no
order as to costs.
24-04-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
DP
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To
1. The Joint Commissioner
Hindu Religious and Charitable Endowments
Department
Erode District.
2. The Assistant commissioner
Hindu Religious and Charitable Endowments
Department
Erode District.
3. The Revenue Divisional Officer
Gobichettipalayam
Erode District.
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M.DHANDAPANI, J.
DP
WP No. 15267 of 2026
24-04-2026
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