JUDGMENT : S.SRIMATHY, J. The writ appeal is filed against the order dated 24.03.2025 passed in W.P.(MD)No.7995 of 2025. 2. The writ petition was filed for Writ of Certiorarified Mandamus, to quash the proceedings dated 09.06.2018 passed in Na.Ka.No.2827/2018/A1 by 3 rd respondent and the consequential proceedings dated 22.10.2024 passed by the 4 th respondent and consequently, to forbear the respondents from interfering with the peaceful administration of Arulmighu Muthaaramman Temple, Nadukkalangudyiruppu Village, by the Village Administrative Committee in any manner. 3. The brief facts are that the Nadukkalangudyiruppu Village is located at Udangudi Panchayat Union, Thiruchendur Taluk Thoothukudi District, wherein around 330 families are there in the village and all the families belong to the Hindu Nadar community including the writ petitioner. The writ petitioner's forefathers had founded a temple named "Arulmighu Muthaaramman Thirukovil", which is non-listed and is existing for more than 200 years. Initially, it was established with a thatched roof, then constructed and developed by that community people at different points of time. There is no Hundial or Kodimaram inside the temple. The practices adopted in the temple are unique and exclusive and not constructed as per any Agamas, hence the temple is a denominational temple. The deity is worshipped as the guardian of the village exclusively belonging to that community and their forefathers are buried there. The community people of the entire village manage and administer the day-to-day affairs of the temple through a committee elected among themselves under the name and style of "Hindu Nadargal Samuthayam" Nadukkalangudyiruppu, Udangudi. The writ petitioner is the present elected President. There are more than 14 deities in the temple with Navagraham. The primary God is Arultharum Sri Muthaaramman. Apart from the primary deity, there are 12 other deities - viz., Uchimakaliamman, Mariamman, Bairavar, Sudalai Easwarar, Sengadeshwarar, Murugan, Vinayagar, Veerabadrar, Sri Mahakaleshwarar with Nandi, Dhakshinamoorthy and Pechiamman with idols available in the temple precincts. The idols in stone were placed in 1979 and a stone culvert available in the temple precincts proves the same. Two other deities viz., Sri Katrerum Perumal and Sri Narayanaswamy are the ancestors and Kula Guru of the community. Sri Katrerum Perumal is the ancestor and buried inside the temple and there is a separate shrine without any idol. Likewise for Sri Narayanaswamy, his wooden nail footwear is kept as symbolic presence. Two other deities viz., Sri Katrerum Perumal and Sri Narayanaswamy are the ancestors and Kula Guru of the community. Sri Katrerum Perumal is the ancestor and buried inside the temple and there is a separate shrine without any idol. Likewise for Sri Narayanaswamy, his wooden nail footwear is kept as symbolic presence. In short, the "Arulmighu Muthaaramman Thirukovil" is the main village temple available in the village and it is established by one community people. The Maha Kumbhabishekam of the temple was lastly celebrated in 2014 after putting up further constructions and improvements. As in every Hindu temple, several functions, festivals and rituals spread across the year are regularly and periodically celebrated in the temple also. Apart from that, there will be a special pooja conducted on every Ammavasai for "Sri Katrerum Perumal" and it is their faith and belief that through "Samy Aduthal" he speaks through the community siblings. Then the deity, through the medium is believed to make predictions for the future welfare of the community people in the village. All the community people only after getting "Arulvakku" in the form of permission fixed dates for family celebrations & functions like weddings, ear boring ceremonies etc. as customary practice for time immemorial. Their regular practice is to celebrate the following and other festivals in the Temple: The first day of Chithira Tamil New Year Guru Pooja & special Ammavasai pooja every month for Sri Katrerum Perumal; Aadi pooram and bangle wearing ceremony for Amman by offering Ragi Porridge; Aavani month- Makkappu & Vinayagar Chathurthi; Purattasi Kudai festival for 3 days & Saraswathi pooja, Anna pooja & Kandha Sashti festival; Thiru Karthigai festival in Karthigai month; Thiruvathirai festival for 30 days by organizing Hymn singing and Bhajans, Vaikunda Egadhesi; Thai First day Pongal; Thai Poosam; Maasi Sivarathiri festival; Panguni Uthiram; Pradosham; and several other festivals. 4. The writ petitioner as the President used to collect contribution "Vari" only from the natives of the village, that too only from the elder married male members of the family. In case, the eldest male member i.e., father of a family dies, his elder son who got married has to pay the contribution. Further, the female child who got married were also allowed to pay their contribution on their willingness. In case, the eldest male member i.e., father of a family dies, his elder son who got married has to pay the contribution. Further, the female child who got married were also allowed to pay their contribution on their willingness. From time immemorial, the administration and management of the temple and the village including the collection of "vari" was being done by a locally constituted village administrative committee. The village administrative committee periodically meets in the Arulmighu Muthaaramman temple premises once in every three months. It consists of a President, Vice President, Secretary, Join Secretary and Treasurer. These office bearers are nominated in the meetings of the village committee. The writ petitioner was elected as the present President on November, 2024. Muruganandham was elected as the Vice President, R.Suresh was elected as the Secretary, Ravichandran was elected as Joint Secretary and Sivalinga Murugan was elected as the Treasurer. The contribution amount is generally fixed by the Village Committee during its yearly meetings, depending upon the expected expenditure. Presently, there are around 330 eligible varidharar/contributors in the Village Committee. It is the customary practice to perform an annual Kodai Vizha in Arulmighu Muthaaramman Thirukovil for 3 days; Chithirai Guru pooja & Tamil Annual festival; Ammavasai special poooja every month night at 12 O' clock for the Ancestor Sri Katrerum perumal; Anna pooja, karthigai pooja, Thiruvilaku pooja on any one of Tuesday of every month; and daily poojas by offering sweet Pongal. The expenses for the worship and other poojas, services in the temples are met by the revenue generated by the collection of contribution from Varidhars/married male members of the village within the Hindu Nadar Community. In these circumstances, it seems that the 3 rd respondent had issued a proceeding, dated 09.06.2018, followed by the issuance of the consequential impugned proceedings of the 4 th respondent, dated 22.10.2024, directing the Committee to hand over the administration of "Arulmighu Muthaaramman Temple" to the 4 th respondent. The 3 rd respondent seeks to appoint the 4 th respondent as a Fit person/Thakkar to administer the community Temple and the 4 th respondent, vide impugned proceedings, dated 22.10.2024, seeks to bring the temple under the control of the HR & CE department. Both these proceedings are passed without any show cause notice and without conducting any inquiry by providing sufficient opportunity to the present Village Administrative committee. Both these proceedings are passed without any show cause notice and without conducting any inquiry by providing sufficient opportunity to the present Village Administrative committee. They were never put on notice about the impugned proceedings and it is not given effect to. They came to know about their intention only when the 4 th respondent visited the temple and informed the Poojari appointed by the Committee, to hand over the keys, accounts, and all the affairs of the temple within a week. They immediately submitted a representation on 24.01.2025 to the respondents in the writ petition by stating all the above facts, followed by another representation, dated 08.02.2025, revealing that the temple exclusively belongs to Hindu Nadar Community people and requested the HR & CE department to withdraw its proceedings from taking charge of the community temple. Hence, the writ petition was filed. 5. The respondents in the writ petition contended that on behalf of the respondents, the Fit Person has been appointed and he took charge on 28.10.2024. The respondents further submitted that the writ petitioner has an adequate and effective alternate remedy under Section 21 of the TN HR & CE Act and any person aggrieved by the proceedings has the right to file an appeal before the appellate authority. 6. After hearing the rival submissions, the Writ Court granted liberty to the writ petitioner to approach the appellate authority within a period of two weeks. In case, any such appeal is filed by the writ petitioner within a period of two weeks, the appellate authority shall entertain the appeal and pass appropriate orders on its own merits and in accordance with law within two months thereafter, without reference to the period of limitation. Till such time, the status quo shall be maintained between the parties. Aggrieved over the same, the present writ appeal is filed by the writ petitioner. 7. Heard Mr.N.Dilip Kumar, Learned Counsel appearing for the appellant and Mr.J.Ashok, Learned Additional Government Pleader appearing for the respondents and perused the records. 8. The primary contention of the writ petitioner / appellant is that the temple is managed by the Village Committee, the committee members are elected from and among the 330 families of the said Village. In such circumstances, to replace the Village Committee the respondents had appointed the “Fit Person” to manage the temple. 8. The primary contention of the writ petitioner / appellant is that the temple is managed by the Village Committee, the committee members are elected from and among the 330 families of the said Village. In such circumstances, to replace the Village Committee the respondents had appointed the “Fit Person” to manage the temple. But the respondents without issuing any show cause notice and without calling for any objections had appointed the Fit Person. The Learned Counsel appearing for the appellant relied on the judgment rendered by the Division Bench of this Court in the case of N.Sivasubramanian Vs. The Government of Tamil Nadu and Others, reported in 2006 (2) CTC 49 , wherein it is held as under: “15. In the case on hand, the second respondent without giving notice to the petitioner or to other trustees straight away issued the impugned order appointing the 5 th respondent as Executive Officer vesting all the powers of the trustees, which action has got civil consequences. As held by the Apex Court in the decision cited supra, when the rights of the parties are likely to be affected by virtue of his action in appointing the Executive Officer, it is incumbent on the part of the second respondent to issue notice to them, for the compliance of principles of natural justice. Therefore, we hold that the failure on the part of the second respondent in not issuing notice to the petitioner as well as to other trustees vitiates the impugned order dated 17.3.2005. 16. In view of the above conclusion, both the writ petitions are allowed and the impugned order dated 17.3.2005 passed by the second respondent is set aside. It is however open to the second respondent to issue notice to all the trustees and after hearing their objections, if any, pass fresh orders, if the same is warranted. 17. In view of the disposal of the writ petitions as above, no orders are required in the writ appeals and the same are also disposed of. Connected miscellaneous petitions are closed.” Whenever the respondents are appointing any Fit Person or Executive Officer, then it is incumbent on the part of the respondents to issue show cause notice. Therefore, the impugned order of appointing Fit Person without issuing notice is violative of principles of natural justice and it is liable to be quashed on this ground. 9. Connected miscellaneous petitions are closed.” Whenever the respondents are appointing any Fit Person or Executive Officer, then it is incumbent on the part of the respondents to issue show cause notice. Therefore, the impugned order of appointing Fit Person without issuing notice is violative of principles of natural justice and it is liable to be quashed on this ground. 9. Any temple and endowments ought to be managed and administered by Trustees only. The HR&CE department is empowered to appoint Fit Person or Executive Officer only if there is mismanagement or allegation of misappropriation. And once the said allegation is set right then the management ought to be handed over to the trustees only. When there is no such allegation of mismanagement or misappropriation, then the HR&CE are not having any power to appoint Fit Person or the Executive Officer. In the present case, there is no such allegation at all, then the impugned order of appointing Fit Person is without jurisdiction, hence the same is liable to quashed on this ground also. 10. The temples and endowments ought to be managed by the Trustees only and not by the HR&CE Department and the said has been categorically laid down vide order dated 07.06.2021 in Suo Motu W.P.No.574 of 2015, wherein it has been held that the Department should take steps to appoint Hereditary Trustees where ever Hereditary Trustees are managing the temples and endowments. And appoint Non-Hereditary Trustees where ever Hereditary Trustees are not available for proper administration of the temples and endowments. The relevant portion is extracted hereunder: “TRUSTEE (54) The HR&CE Department shall file a report before this Court within a period of eight (8) weeks listing out the number of temples without Trustees, the duration of such vacancy, the particulars of the persons appointed as “Fit Person” and the steps taken by the Department to appoint trustees (55) If no hereditary trustees stake claim, then steps must be taken to appoint non-hereditary trustees. The non-hereditary trustees must be from the religious denomination, to which the temple belongs to without the political background. (56) Stringent rules on the conduct, character, interest and knowledge on both religious affairs as well as administrative abilities of the trustees, must be enacted to ensure that the right person is appointed to manage the religious affairs of the temples. The non-hereditary trustees must be from the religious denomination, to which the temple belongs to without the political background. (56) Stringent rules on the conduct, character, interest and knowledge on both religious affairs as well as administrative abilities of the trustees, must be enacted to ensure that the right person is appointed to manage the religious affairs of the temples. (57) Keeping in mind that the overall administration shall be with the HR&CE Department, the authorities shall supervise the affairs of the religious institutions ensuring that the HR&CE Act is strictly complying with by the trustees and taking necessary remedial steps for which they are paid an annual contribution as specified under Section 92.” Therefore, it is clear that the HR&CE is not having any power to appoint Fit Person or Executive officer unless there are circumstances like mismanagement or misappropriation, persons not available to fill the vacancy. None of such circumstances exists, then the impugned order is liable to quash on this ground also. 11. It is settled principles of law that the Executive Officer or the Fit Person cannot have perpetual power to manage and administer the temple or endowments. Further this power to appoint Executive Officer or Fit Person (when mismanagement or misappropriation) will not empower the HR&CE Department to replace Trustees by appointing Executive Officer or Fit Person. More so, it cannot reduce the power of the Trustees and grant such power to Executive Officer or Fit Person. Any appointment of Executive Officer or Fit Person ought to be only for a period of five years as per the Conditions for Appointment of Executive Officers Rules, 2015, which was issued in G.O.Ms.No.260 Tourism, Culture and Religious Endowments (RE4-2) Department dated 06.11.2015 published in gazette on 06.11.2015. Any appointment of Executive Officer or Fit Person ought to be only for a period of five years as per the Conditions for Appointment of Executive Officers Rules, 2015, which was issued in G.O.Ms.No.260 Tourism, Culture and Religious Endowments (RE4-2) Department dated 06.11.2015 published in gazette on 06.11.2015. The relevant portion of the rule is extracted hereunder: “The Commissioner may, after holding such inquiry as he may consider it necessary and expedient, in the interest of such religious institution, by order, appoint an Executive Officer for such religious institution, for such period or periods as may be specified by the Commissioner in the order not exceeding a period of five years at a time" When the appointment of Executive Officer or Fit Person have so many conditions and when the appointment is only for limited period of five years as Conditions for Appointment of Executive Officers Rules, 2015, then the impugned order is passed beyond the provisions of law, then it is liable to be quashed on this ground also. 12. The Writ Court had held there is effective alternative remedy to challenge the appointment of Fit Person, but the Writ Court failed to considered there is no power to appoint Fit Person without disclosing the reason for appointing Fit Person and without issuing notice to the writ petitioner, hence the order passed by the writ Court is erroneous and the same is liable to be set aside and accordingly set aside. 13. For the reasons stated supra, the writ appeal is allowed and the order passed by the Writ Court is set aside, consequently, the order impugned in the writ petition is quashed. No costs. Consequently, connected miscellaneous petitions are closed.