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Madras High Court

R.Saravana Pandian vs The Government Of Tamil Nadu on 8 July, 2025

Author: C.Saravanan

Bench: C.Saravanan

                                                                                 W.P(MD)Nos.18616 and 18617 of 2025


                         BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                             DATED : 08.07.2025

                                                       CORAM

                                  THE HONOURABLE MR.JUSTICE C.SARAVANAN

                                      W.P(MD)Nos.18616 and 18617 of 2025
                                                    and
                                     W.M.P(MD)Nos.14276 and 14278 of 2025

                W.P(MD)No.18616 of 2025

                1.R.Saravana Pandian

                2.P.M.Chellapandi

                3.R.Lakshmi

                4.Rishi Pandian

                5.Rajesh Pandi                                                               ... Petitioners

                                                           Vs.

                1.The Government of Tamil Nadu,
                  Rep. by its Principal Secretary,
                  Tourism,Culture and Charitable Endowments
                  (Ani3-1) Department,
                  Fort St. Geroge,
                  Secretariat,
                  Chennai 600 009

                2.The Commissioner,
                  Hindu Religious and Charitable Endowment Department,
                  Nungambakkam,
                  Chennai 600 034


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                                                                                      W.P(MD)Nos.18616 and 18617 of 2025



                3.The Joint Commissioner,
                  Hindu Religious and Charitable Endowment Department,
                  Madurai

                4.Ponnu Pandian

                5.Jai Veera Pandian                                                               ...Respondents

                Prayer: Writ Petition filed under Article 226 of the Constitution of India,
                praying this Court to issue a Writ of Mandamus, directing the third respondent
                to permit the petitioners to have a new key as per the representation dated
                19.06.2025, within a time frame fixed by this Court.


                                  For Petitioners                 : M/s.J.Anandhavalli

                                  For R1 to R3                    : Mr.S.S.Madhavan
                                                                    Additional Government Pleader

                                  For R4 & R5                     : Mr.V.R.Shanmuganathan
                                                                    Standing Counsel

                W.P(MD)No.18617 of 2025

                1.R.Saravana Pandian

                2.P.M.Chellapandi

                3.R.Lakshmi

                4.Rishi Pandian

                5.Rajesh Pandi                                                                    ... Petitioners

                                                                Vs.


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                                                                                      W.P(MD)Nos.18616 and 18617 of 2025



                1.The Government of Tamil Nadu,
                  Rep. by its Principal Secretary,
                  Tourism,Culture and Charitable Endowments
                  (Ani3-1) Department,
                  Fort St. Geroge,
                  Secretariat,
                  Chennai 600 009

                2.The Commissioner,
                  Hindu Religious and Charitable Endowment Department,
                  Nungambakkam,
                  Chennai 600 034

                3.The Joint Commissioner,
                  Hindu Religious and Charitable Endowment Department,
                  Madurai

                4.Ponnu Pandian

                5.Jai Veera Pandian                                                               ...Respondents

                Prayer: Writ Petition filed under Article 226 of the Constitution of India,
                praying this Court to issue a Writ of Mandamus, directing the respondents 1
                to 3 to permit the petitioners for extension of license to the licensees of the
                fasli year 1434 for a period of 2 months in respect of livestock, tonsuring of
                hair, ear boring and collection of charcoal pending grant of permission by the
                second respondent as per the representations of the petitioner dated
                31.05.2025 and 01.07.2025.


                                  For Petitioners                 : M/s.J.Anandhavalli

                                  For R1 to R3                    : Mr.S.S.Madhavan
                                                                    Additional Government Pleader


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                                                                                     W.P(MD)Nos.18616 and 18617 of 2025


                                  For R4 & R5                    : Mr.V.R.Shanmuganathan
                                                                   Standing Counsel


                                                COMMON ORDER

W.P(MD)No.18616 of 2025 has been filed for a Mandamus to direct the third respondent to permit the petitioners to have a new key as per the representation dated 19.06.2025.

2. W.P(MD)No.18617 of 2025 has been filed for a Mandamus to direct the respondents 1 to 3 to permit the petitioners for extension of license to the licensees of the fasli year 1434 for a period of 2 months in respect of livestock, tonsuring of hair, ear boring and collection of charcoal pending grant of permission by the second respondent as per the representations of the petitioner dated 31.05.2025 and 01.07.2025.

3. The petitioners claim to be hereditary trustees, as per the order passed by the Board. The subject temple, namely, Arulmigu Pani Muneeswarar Temple, Melamadai is required to have seven hereditary trustees. It appears that there are inter se dispute between the hereditary 4/9 https://www.mhc.tn.gov.in/judis ( Uploaded on: 15/07/2025 03:00:52 pm ) W.P(MD)Nos.18616 and 18617 of 2025 trustees and the case is gone back and forth. It is suffice to state that the continuation of the petitioners 1 and 2 is traceable to the order passed in CMA.No.1240 of 2024, dated 13.05.2025 and order dated 15.03.2021 in A.S.No.25 of 2020. As far as petitioners 3 to 5 and respondents 4 and 5 are concerned, they have been inducted as a part of the interim committee to work along with the petitioners 1 and 2 pursuant to the order of the Hon'ble Supreme court in C.A.Nos.803-812 of 2020 vide order dated 29.01.2021. It appears that the petitioners as also the private respondents claim their ancestry from a common ancestor. In other words, they are agnates and cognates. It appears that the licence that was granted to a licensor for auctioning livestock, Tonsuring of hair, ear boring and collection of charcoal expired on 30.06.2025. As a result of which, the livestock are not being auctioned and they are getting accumulated.

4. The learned counsel for the petitioners that the fourth respondent in both the writ petitions namely Ponu pandian is not co-operating with the hereditary trustees namely the petitioners 1 and 2. The livestock offered to the deity are not being auctioned since 01.07.2025, as the period of licence of the previous bidder ended on 30.06.2025. That apart, it is submitted that the fourth respondent is having custody of the keys of the almirah, which contains 5/9 https://www.mhc.tn.gov.in/judis ( Uploaded on: 15/07/2025 03:00:52 pm ) W.P(MD)Nos.18616 and 18617 of 2025 records of the temple, which are required on day to day basis for recording transactions relating to the sale of livestock and the collections made by the auctioneer. It is submitted that the almirah also contains jewels and other armour of the deity which has to be properly removed and placed back. Since the fourth respondent is holding the keys there is no accountability.

5. The learned Additional Government Pleader for the respondents 1 to 3 submits that the petitioners as well as the private respondents are having internal dispute, as a result of which the auctions are not being conducted. Therefore, they will comply with any directions that may be issued by this Court.

6. The learned Standing counsel for the respondents 4 and 5 submits that the previous licensee may be allowed to continue with the rights to sell livestock, tonsuring of hair, carrying on ear boring and collect Charcoal which are offered to the deity after adding 10% hike in the previous bid. He further submits that in order to diffuse the current situation, a direction may be issued to provide three locks for all the three almirahas to be operated by the petitioners together along with the official respondents and the respondents 4 and 5 jointly. It is submitted that the almirahs can be opened in the presence of 6/9 https://www.mhc.tn.gov.in/judis ( Uploaded on: 15/07/2025 03:00:52 pm ) W.P(MD)Nos.18616 and 18617 of 2025 the petitioners and representative of the official respondents and in the presence of the respondents 4 and 5 each having separate keys, so that the current situation can be met with pending auctioning of the rights.

7. Having considered the arguments advanced by the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents 1 to 3 and the learned Standing Counsel for the respondents 4 and 5, writ petitions stand disposed of as follows: W.P(MD)No.18616 of 2025

The official respondents shall provide three separate padlocks and procure three separate locks and keys each said to be operated independently in the presence of others. In other words, one set of lock and key shall be operated by the petitioner, the second set by a representative of the Hindu Religious and Charitable Endowments Department and the third set by the respondents 4 and 5 jointly. As far as the safety vault is concerned, the official respondents shall ensure that appropriate safety measures are adopted so that the vault is also opened only in the presence of all the three parties. W.P(MD)No.18617 of 2025
The previous licensee is permitted to carry on the operations for a further period of two months as per the previous contract which ended on 7/9 https://www.mhc.tn.gov.in/judis ( Uploaded on: 15/07/2025 03:00:52 pm ) W.P(MD)Nos.18616 and 18617 of 2025 30.06.2025. The respondents 2 and 3 shall pass appropriate orders for auctioning the rights in accordance with provisions of the Religious Institutions (Lease of Immovable Property) Rules, 1963.

No costs. Consequently, the connected miscellaneous petitions are closed.





                                                                                                   08.07.2025

                NCC               : Yes / No
                Index             : Yes / No
                Internet          : Yes / No
                sn

                To
                1.The Principal Secretary,
                  Tourism,Culture and Charitable Endowments
                  (Ani3-1) Department,
                  Fort St. Geroge,
                  Secretariat,
                  Chennai 600 009

                2.The Commissioner,

Hindu Religious and Charitable Endowment Department, Nungambakkam, Chennai 600 034

3.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Madurai.

8/9 https://www.mhc.tn.gov.in/judis ( Uploaded on: 15/07/2025 03:00:52 pm ) W.P(MD)Nos.18616 and 18617 of 2025 C.SARAVANAN, J.

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