Vadivel v. The Joint Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-08-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. VADIVEL S/o.Kandamsy (late), Door No.9-2 /50, Thirumalai Gounder Street, Elampillai Post, Salem South Taluk, Salem District.

Petitioner(s) Vs

1. The Joint Commissioner, Hindu Religious Charitable Endowment, Salem District.

2.The Executive Officer, Rulmigu Mariyamman Thirukoil, Elampillai Post, Salem South Taluk, Salem District.

Respondent(s) PRAYER Writ petition filed under Article 226 of Constitution of India for the issuance of writ of Mandamus directing the 1st respondent to declare petitioner as Periya Kaaniyatchi by disposing of the application filed by the petitioner in O.A.No.15 of 2023 dated 02/05/2023 on the file of the 1st respondent and the same within the time to be stipulated by this Court.

For Petitioner(s): Mr.A.Rajakumar For Respondent(s):

Mr.N.R.R.Arun Natarajan Special Government Pleader for R1 and R2

ORDER

This writ petition has been filed for the issue of writ of Mandamus directing the 1st respondent to decide and pass orders in the pending application filed by the petitioner in OA No.15 of 2023 under Section 63 (c) of the Hindu Religious and Charitable Endowments Act [hereinafter called as the HR&CE Act]. 2.

Heard Mr.A.Rajkumar, learned counsel for the petitioner and Mr.N.R.R.Arun Natarajan, learned Special Government Pleader for respondents 1 and 2, 3.

The grievance of the petitioner is that her ancestors were Kaaniyatchi of Arulmighu Mariyamman Vagaiyara Temple and they were involved in fixing Kalasam on the top of the chariot at the time of the festival. There was some dispute between the family and hence, the petitioner submitted an application before the 1st respondent under Section 63(c) of the HR&CE Act, which was taken

on file in OA No.15 of 2023. Since no final orders were passed by the 1st respondent, the present writ petition has been filed before this Court.

4.

Taking into consideration the facts and circumstances of the case and the materials placed before this Court and without going into the merits of the case, there shall be a direction to the 1st respondent to deal with the application pending in OA No.15 of 2023, on its own merits and in accordance with law, after affording opportunity to all interested parties and pass orders within a period of eight weeks from the date of receipt of a copy of this order. 5.

This writ petition is disposed of with the above directions. No costs.

11-08-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Joint Commissioner, Hindu Religious Charitable Endowment, Salem District.

2.The Executive Officer, Rulmigu Mariyamman Thirukoil, Elampillai Post, Salem South Tluk, Salem District.

N.ANAND VENKATESH J.

rka WP No. 30101 of 11-08-2025