N.Mariyappan v. The Commissioner,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.04.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.Nos.15706 & 15708 of 2025 N.MARIYAPPAN ... Petitioner Vs 1.
THE COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENT DEPARTMENT, NUNGAMBAKKAM, CHENNAI - 600 034.
2.
THE JOINT COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENT DEPARTMENT, THUTHUKUDI DISTRICT.
3.
THE EXECUTIVE OFFICER, ARULMIGU MARIAMMAN THIRUKKOIL, VASUDEVANALLUR, TENKASI TALUK AND DISTRICT.
... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, to direct the first respondent to dispose of the Appeal No. 07 of 2025 of the statutory appeal under Section 69(1) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 pending on the file of the first respondent within a time fixed period of this Court, and in near future without getting leave of the first respondent not to take any 1/5
decision on the temples functions by the third respondent as arbitrarily, and direct the respondents to consider the representation dated 15.04.2025. For Petitioner : Mr.R.Murugendran for Mr.R.Selvakkodi For R1 to R3 : Mr.K.Karthikeyan Government Advocate
ORDER
The writ petition is twofold. Firstly, it is to direct the first respondent to dispose of the Appeal No. 7 of 2025. As far as this prayer is concerned, the appeal was not filed by the petitioner herein and the petitioner is also not a respondent in the said appeal. As such, the prayer cannot be granted.
2. The second limb of the prayer is with reference to the representation made by the petitioner with reference to the conduct of the temple festival this year.
3. According to the learned counsel appearing for the petitioner, the festival has been conducted for hundreds of years over a period of 11 days, with 3 days managed by the HR & CE Department. Therefore, the representation has been made.
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4. It can be seen that the festival is starting on Sunday, i.e., 20.04.2025 and is going to end on 22.04.2025. Therefore, at this last minute, this Court cannot issue any direction for this year.
5. However, keeping open the liberty of the petitioner to make further representations from next year onwards, the petitioner can make any prayer even with respect to the regular festivals conducted by the temple. It is also stated that an application under Section 69(1) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, is pending before the Commissioner. The petitioner may also implead himself in the said application and make appropriate prayers before the Commissioner.
6. In view thereof, this writ petition is disposed of. Consequently, connected miscellaneous petitions are closed. No costs. 17.04.2025 nsl 3/5
To 1.
THE COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENT DEPARTMENT, NUNGAMBAKKAM, CHENNAI - 600 034.
2.
THE JOINT COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENT DEPARTMENT, THUTHUKUDI DISTRICT.
3.
THE EXECUTIVE OFFICER, ARULMIGU MARIAMMAN THIRUKKOIL, VASUDEVANALLUR, TENKASI TALUK AND DISTRICT.
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D.BHARATHA CHAKRAVARTHY, J.
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