Vimal v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.11.2025
CORAM
THE HONOURABLE MR.JUSTICE P.B. BALAJI W.P. No.44302 of 2025 and WMP. No.49411 of 2025 Vimal.J Petitioner Vs 1.The Commissioner, Hindu Religious and Charitable Endowments Department, No.119, Uthamar Gandhi Salai, Opposite Taj Coromandel Hotel, Near Income Tax Office, Nungamabakkam High Road, Nungambakkam - 600 034, Chennai.
2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Coimbatore.
3.The Executive Officer, Arulmigu Mariamman Thirukoil, Puliakulam, Coimbatore - 641 045.
4.The Fit Person, Arulmigu Mariamman Thirukoil, Puliakulam, Coimbatore - 641 045.
Respondents PRAYER: This petition is filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents 2 and 3 herein to permit the petitioner to perform Kambam naduthal festival during 1/6
the Tamil month of Panguni in March 2026 Arulmigu Mariyamman Thiru Kovil, Puliyakulam, Coimbatore pending the original application in O.A. No.3 of 2020 on the file of the 2nd respondent. For Petitioner : Mrs.AL.Gandhimathi, Senior Counsel for L.Palani Muthu For Respondents : Mr.K.Karthikeyan Special Government Pleader for HR & CE
ORDER
The Writ Petitioner seeks issuance of writ of mandamus to direct the respondents 2 and 3 to permit the petitioner to perform Kambam naduthal festival during the Tamil month of Panguni in March 2026 Arulmigu Mariyamman Thiru Kovil, Puliyakulam, Coimbatore pending the original application in O.A. No.3 of 2020 on the file of the 2nd respondent. 2.I have heard Mrs.AL.Gandhimathi, learned Senior Counsel for Mr.L.Palanimuthu, learned counsel for the petitioner and Mr.K.Karthikeyan, learned Government Advocate for the respondents. 3.The learned Senior Counsel would submit that despite pendency of 2/6
O.A. No.3 of 2020, which has been filed under Section 63(e) of the Hindu Religious and Charitable Endowment Act, 1959, more than five years back, no final orders have been passed. In the interregnum period, considering that the petitioner has been permitted to perform the Kambam Naduthal festival upto 2022, the petitioner made request to the Authorities to permit the petitioner to perform the same during the subsequent years. The learned Senior Counsel would however state that the respondents have not permitted the petitioner and in fact, the petitioner has filed a Civil Suit in O.S. No.301 of 2023 and in the said suit an Interlocutory Application for interim injunction was also filed before the learned District Munsif Court, Coimbatore and after contest and elaborate enquiry, an injunction was granted in favour of the writ petitioner restraining the respondents from interfering with the writ petitioner, right to perform the Kambam Naduthal festival during the Tamil month of Panguni. The said order came to be passed on 27.03.2023.
4. It is the grievance of the petitioner that despite the order of the Civil Court also, the respondent did not permit the petitioner to perform the Kambam Naduthal festival during the period 2023 to 2025. The learned Senior Counsel would further state that the respondents, on the one hand, the second respondent is not disposing of O.A. No.3 of 2020 and on the other hand, the 3/6
request of the petitioner to permit performance of the festivals are falling on deaf ears.
5. The learned Government Advocate, Mr.K.Karthikeyan, for the respondent would submit that the second respondent can be directed to dispose of the O.A itself as it is pending, admittedly from the year 2020 and in the event of the petitioner succeeding in the proceedings in O.A. No.3 of 2020, there can be no impediment for the petitioner from performing the Kambam Naduthal festival.
6. I have carefully considered the submissions advanced by the learned counsel on either side and also I have gone through the impugned orders.
7. It is not in dispute that the petitioner has already filed a Civil Suit in O.S. No.301 of 2023 and in the said suit, an injunction has been granted even in March 2023. Despite the order having become final, the respondents are not permitting the petitioner to perform the Kambam Naduthal festival. In fact, I find from one of the communications that the request for performing the festival has been rejected by the Joint Commissioner on 23.03.2024 on the ground that the request was made in the 11th hour and that too, pending the 4/6
O.A. proceedings which have not become final and also on the ground that by seeking directions from this Court, the petitioner was putting pressure on the second respondent for final disposal of the O.A. No.3 of 2020.
8. Considering the fact that OA is also pending final disposal right from 2020 and taking into account the interim order suffered by the respondents before the Civil Court and not having taken up the same on appeal and allowing the said order to become final, I am inclined to dispose of the writ petition in the manner following:
(i) The second respondent shall conduct due enquiry and dispose of O.A. No.3 of 2020 on or before 28.02.2026 and subject to the decision of the second respondent, the petitioner's entitlement to perform Kambam Naduthal festival can be decided/refused.
(ii) However, in the event of the second respondent not passing final orders in O.A. No.3 of 2020 by 28.02.2016, then the respondents shall permit P.B.BALAJI.J., the petitioner to perform the Kambam Naduthal festival in the Tamil month on Panguni in March 2026, without citing any reasons or excuses at that relevant point of time.
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9. In fine, this Writ Petition is disposed of with the above directions. Consequently, connected Miscellaneous Petition is also closed. No costs. 25.11.2025 rkp 1.The Commissioner, Hindu Religious and Charitable Endowments Department, No.119, Uthamar Gandhi Salai, Opposite Taj Coromandel Hotel, Near Income Tax Office, Nungamabakkam High Road, Nungambakkam - 600 034, Chennai.
2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Coimbatore.
3.The Executive Officer, Arulmigu Mariamman Thirukoil, Puliakulam, Coimbatore - 641 045.
4.The Fit Person, Arulmigu Mariamman Thirukoil, Puliakulam, Coimbatore - 641 045.
W.P. No.44302 of 2025 and WMP. No.49411 of 2025 6/6