R. Vasantha vs Mr. J.Kumaragurubaran, I.A.S., and 2 others

CONT.P.No.2914 of 2026 and W.P.No.2914 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.10.2026
CORAM
THE HON'BLE MR.JUSTICE K.SURENDER
CONT.P.No.2914 of 2026 and
W.P.No.20590 of 2026 and W.M.P.Nos.22142 & 26346 of 2026
CNR:{HCMA011816912026}
Cont.P.No.2914 of 2026
R.Vasantha F/A 63,
Wife of Sampath,
Hereditary Trustee,
Arul Mighu Vanabadrakali Amman Temple,
Thekkampatti,
Mettupalayam Taluk,
Coimbatore District - 641 305.
..Petitioner(s)
Vs
1. Mr.J.Kumaragurubaran, I.A.S.,
The Principal Secretary to the Government,
Tourism, Culture and Religious Endowments
Department, Secretariat,
Chennai-600 009.
2. Mr.B.Ramesh,
The Joint Commissioner,
Hindu Religious and Charitable
Endowments Department,
Coimbatore - 641018.
3. Mr.Saravanan,
The Assistant Commissioner/Executive Officer,
Arul Mighu Vanabadrakali Amman Temple,
Thekkampatti, Mettupalayam Taluk,
Coimbatore - 641018.
..Contemnor(s)
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CONT.P.No.2914 of 2026 and W.P.No.2914 of 2026
W.P.No.20590 of 2026
CNR:{HCMA011156992026}
R.Vasantha,
Wife of Sampath,
Hereditary Trustee,
Arul Mighu Vanabadrakali Amman Temple,
Thekkampatti, Mettupalayam Taluk,
Coimbatore District - 641305.
..Petitioner(s)
Vs
1. The Additional Chief Secretary to the
Government,
Secretariat, Chennai – 600009.
2. The Principal Secretary to Government,
Tourism, Culture and Religious Endowments
Department, Chennai.
3. The Commissioner,
Hindu Religious and Charitable Endowments
Department, Chennai - 600034.
4. The Joint Commissioner,
Hindu Religious and Charitable Endowments
Department, Coimbatore - 641018.
5. The Assistant Commissioner/Executive Officer,
Arul Mighu Vanabadrakali Amman Temple,
Thekkampatti, Mettupalayam Taluk,
Coimbatore - 641018.
6. The Fit Person,
Arulmighu Vanabadrakali Amman Temple,
Thekkampatti, Mettupalayam Taluk,
Coimbatore District.
..Respondent(s)
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CONT.P.No.2914 of 2026 and W.P.No.2914 of 2026
PRAYER in Cont.P.No.2914 of 2026: Contempt Petition is filed under Section
11 of Contempt of Courts Act, to punish the respondents herein for contempt for
will fully disobeying the interim order dated 17.07.2026 made in
W.M.P.No.22142 of 2026 in W.P.No. 20590 of 2026.
PRAYER in W.P.No.20590 of 2026: Writ Petition is filed under Article 226 of
Constitution of India, to issue a writ in the nature of Writ of Certiorarified
st
Mandamus to call for the records pertaining to the 1 respondent proceedings in
G.O(Nilai).No.127 dated 03.03.2026 which was received on 24.03.2026
removing the petitioner from the post of hereditary trustee of Arulmigu
Vanabadrakaliamman Temple, Coimbatore permanently and quash the same as
illegal, incompetent and ultra vires and consequently direct the respondents to
permit the petitioner to continue as hereditary trustee in the said temple.
Cont.P.No.2914 of 2026:
For Petitioner(s): Mr.C.Ramaraj
For Contemnor(s): Mr.P.V.Balasubramaniam,
Additional Advocate General assisted by
Mr.V.Chandraprabu, Special Government
Pleader/HR & CE for R1 to R3
W .P.No.20590 of 2026 :
For Petitioner(s): Mr.C.Ramaraj
For Respondent(s): Mr.P.V.Balasubramaniam,
Additional Advocate General assisted by
Mr.V.Chandraprabu, Special Government
Pleader/HR & CE
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CONT.P.No.2914 of 2026 and W.P.No.2914 of 2026
COMMON ORDER
This Contempt Petition has been filed to punish the respondents for
wilfully disobeying the interim order dated 17.07.2026 passed in
W.M.P.No.22142 of 2026 in W.P.No.20590 of 2026.
2.This Writ Petition has been filed to quash the impugned proceedings
issued by the first respondent in G.O.(Nilai) No.127 dated 03.03.2026, received
by the petitioner on 24.03.2026, whereby she was permanently removed from
the post of Hereditary Trustee of Arulmigu Vanabadrakaliamman Temple,
Coimbatore, and consequently to direct the respondents to permit the petitioner
to continue as the Hereditary Trustee of the said temple.
3.The grievance of the petitioner is that, by way of the impugned
proceedings, she was removed from the post of Hereditary Trustee of Arulmigu
Vanabadrakaliamman Temple. Though the petitioner had submitted adequate
and elaborate reasons in response to the show-cause notice, the grounds raised
and the reasons stated therein were not properly discussed or considered by the
st
1 respondent.
4.The petitioner contends that failure to consider the grounds raised by
her amounts to a violation of the principles of natural justice. Aggrieved by the
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CONT.P.No.2914 of 2026 and W.P.No.2914 of 2026
adverse order passed in violation of the principles of natural justice, she
approached this Court by filing the Writ Petition.
5.On the other hand, the learned Additional Advocate General appearing
st
for the respondents in both petitions would submit that the 1 respondent had
passed a detailed order running into 150 pages. The petitioner had participated
in the proceedings, and whatever defence she claimed had been duly
incorporated in the impugned order. Once the petitioner has participated in the
proceedings, the petitioner ought to approach the Civil Court by filing a suit in
accordance with Section 53(6) of the Tamil Nadu Hindu Religious and
Charitable Endowments Act, 1959.
6.It is admitted by the learned counsel for the petitioner that the petitioner
was afforded an opportunity of hearing and had, in fact, participated in the
st
proceedings conducted by the 1 respondent. The defence put forth by the
st
petitioner also forms part of the order passed by the 1 respondent.
7.However, the grievance of the petitioner is that her defence was not
considered in its proper perspective, resulting in passing of the adverse order
impugned in the present proceedings.
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CONT.P.No.2914 of 2026 and W.P.No.2914 of 2026
8.Not considering the defence in proper perspective cannot, by itself,
constitute a ground for invoking the writ jurisdiction of this Court on the ground
of violation of the principles of natural justice. If at all the petitioner is
st
aggrieved by the manner in which the 1 respondent has appreciated the facts
and by the findings rendered therein, which, according to her, are improper, she
ought to have approached the Civil Court by filing a suit in accordance with
Section 53(6) of the Tamil Nadu Hindu Religious and Charitable Endowments
Act, 1959. All the grounds relating to the improper appreciation of facts,
documents and other aspects of the case can as well be agitated before the Civil
Court by filing such a suit.
9.This Court, by order dated 27.05.2026 passed in W.P.No.20590 of
2026, granted the following interim relief:
“2. There shall be an order of interim stay till 03.07.2026. If
the interim order is not extended beyond 03.07.2026, the same
shall stand automatically vacated.”
10..Thereafter, this Court passed a further order dated 17.07.2026,
wherein paragraphs 4, 6 and 7 read as follows:
“4.In this case, the 5th respondent-Assistant
Commissioner, being an authority, should have properly
supervised and managed the accounts and finances of the
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CONT.P.No.2914 of 2026 and W.P.No.2914 of 2026
subject temple, which would have definitely prevented the
aforesaid misappropriation of funds. Therefore, it is clear that
the 5th respondent is also equally as responsible as the
petitioner for such misappropriation. When such being the case,
this Court is not inclined to accede to the request of the 5th
respondent.
6.The interim order already granted by this Court, vide
order dated 27.05.2026, is extended until further orders.
7.As far as finance is concerned, the petitioner is directed
to maintain the accounts properly and submit the same before
the 5th respondent-Assistant Commissioner periodically.”
11.The petitioner filed the Contempt Petition primarily on the ground
that, though this Court had granted an interim order of stay against the order
st
passed by the 1 respondent, the contemnor had not reinstated her as the
Hereditary Trustee which ought to have been done since the interim order of
st
stay would only operate as a direction to the 1 respondent to reinstate the
petitioner as Hereditary Trustee.
12.The aforesaid contention of the petitioner is incorrect. The Contempt
Petition seeking a direction for her reinstatement cannot be entertained. No
such order of reinstatement was passed by this Court and it cannot be assumed
from the interim order that there is any specific direction for reinstatement of
the petitioner as a Hereditary Trustee. Be that as it may, the petitioner has an
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CONT.P.No.2914 of 2026 and W.P.No.2914 of 2026
alternative remedy of approaching the Civil Court by filing a suit challenging
the order passed by the first respondent. As already stated above, this Court
does not find any violation of the principles of natural justice warranting the
exercise of its writ jurisdiction under Article 226 of the Constitution of India.
13.Accordingly, both the Contempt Petition and the Writ Petition stand
dismissed, granting liberty to the petitioner to approach the Civil Court. In view
of the petitioner's having approached this Court and the interim orders passed
herein, the Civil Court shall entertain the suit to be filed by the petitioner, as she
has undertaken before this Court to file the suit within a period of four weeks
from the date of receipt of a copy of this order. Consequently, connect
miscellaneous petitions are closed.
27.10.2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
vv2
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CONT.P.No.2914 of 2026 and W.P.No.2914 of 2026
To
1. The Principal Secretary to the Government,
Tourism, Culture and Religious
Endowments Department, Secretariat,
Chennai-600 009.
2. The Joint Commissioner,
Hindu Religious and Charitable
Endowments Department,
Coimbatore – 641018.
3. The Assistant Commissioner/Executive
Officer,
Arul Mighu Vanabadrakali Amman Temple,
Thekkampatti, Mettupalayam Taluk,
Coimbatore – 641018.
4. The Additional Chief Secretary to the
Government,
Secretariat, Chennai – 600009.
5. The Commissioner,
Hindu Religious and Charitable
Endowments Department, Chennai –
600034.
6. The Fit Person,
Arulmighu Vanabadrakali Amman Temple,
Thekkampatti, Mettupalayam Taluk,
Coimbatore District.
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CONT.P.No.2914 of 2026 and W.P.No.2914 of 2026
K.SURENDER J.
vv2
CONT.P.No.2914 of 2026 and
W.P.No.20590 of 2026
27.10.2026
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