D.Tamil Ganesan v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.04.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY D.TAMIL GANESAN ... Petitioner Vs 1.
THE COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPARTMENT, 119, UTHAMAR GANDHI SALAI, NUNGAMBAKKAM, CHENNAI - 600 034.
2.
THE JOINT COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPARTMENT, MADURAI - 625 001.
3.
THE EXECUTIVE OFFICER, ARULMIGHU KALLAZHAGAR TEMPLE, ALAGARKOVIL, MADURAI - 625 301.
... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, direction in the nature of writ directing the first respondent to consider and pass orders on the petitioner's representation dated 08.04.2025 seeking permission to perform Mandagapadi and conduct Annadhanam on 12.05.2025 and 13.05.2025 at the Trust Mandapam, Vandiyur, Madurai, during the ceremonial visit of Lord Sri Kallazhagar as part of Chithirai Festival.
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For Petitioner : Mr.S.Dhakshnamoorthy For R1 to R3 : Mr.S.Ravichandran Additional Government Pleader
ORDER
The writ petition is filed for a direction to the first respondent to consider and pass orders on the petitioner's representation dated 08.04.2025. By the said representation, the petitioner is seeking permission to perform Mandagapadi and conduct Annadhanam on 12.05.2025 and 13.05.2025 at the Trust Mandapam, Vandiyur, Madurai, during the ceremonial visit of Lord Sri Kallazhagar as part of the Chithirai Festival.
2. When the matter came up for admission, the learned Additional Government Pleader appearing on behalf of the respondents pointed out the order dated 03.04.2023 passed in respect of that year. A perusal thereof, it can be seen that the petitioner herein is claiming to be the hereditary trustee of Vandiyur Nachiyarammal Trust, which claims the customary rights in respect of the Mandagapadi to be performed at the particular place. It was also directed that no one else be given the rights.
3. When this Court pointed out that only a customary right has been prayed for, it was stated that the petitioner has to approach under Section 63 2/5
of the Hindu Religious and Charitable Endowments Act, 1959, to establish any customary right. The learned counsel appearing for the petitioner submitted that the petitioner would approach the appropriate forum if there is any rival claim. However, for the current year, there is no rival claim at all and as usual, they only wish to conduct the Mandagapadi and Annadhanam. For that purpose, they are willing to deposit the amount demanded by the authorities. Only upon payment of the said amount they will be permitted to conduct the Mandagapadi. In view thereof, the statement that there are no rival claims is recorded.
4. The second respondent is requested to take up the petitioner's representation dated 08.04.2025 and pass orders thereon in accordance with law. Since the festival is on 12.05.2025, let orders be passed well before 02.05.2025.
5. It is also noted that the petitioner is repeatedly filing this writ petition before this Court, when the temple is located in Madurai and the entire cause to action is with reference to Madurai, just because the first respondent is located in Chennai, the writ petition repeatedly cannot be entertained at Chennai.
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6. In view thereof, this writ petiion is disposed of. Consequently, connected miscellaneous petition is closed. No costs. 23.04.2025 nsl To 1.
THE COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPARTMENT, 119, UTHAMAR GANDHI SALAI, NUNGAMBAKKAM, CHENNAI - 600 034.
2.
THE JOINT COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPARTMENT, MADURAI - 625 001.
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D.BHARATHA CHAKRAVARTHY, J.
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