← Library
Madras High CourtWP/49246/2025disposed of

M.Marimuthu v. The Joint Commissioner

2025-12-19Honourable Mr.Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-12-2025

CORAM

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.No.49246 of 2025 M.Marimuthu S/o.Mariappan, No.9/61, Kattuvalavu, Tharapuram, Vemaneri, Eddapadi Taluk, Salem District-636 105.

Petitioner Vs

1. The Joint Commissioner, Hindu Religious and Charitable Endowment (Admn) Department, Kariyaperumal Kadu, Nethimedu, Salem District-636 002.

2.The Assistant Commissioner, Hindu Religious and Charitable Endowment (Admn) Department, Kariyaperumal Kadu, Nethimedu, Salem District-636 002.

3.Fit Person / Executive Officer Arulmigu Karattupatti Kadhirraya Perumal Temple, Arulmigu Chittar Koil Chittar Koil Road, Kanjamalai, Salem District-637 502.

Respondents PRAYER Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 2nd respondent to consider the petitioner's representation dated 01.12.2025 and consequently permit the petitioner to conduct the Vaikunta Ekadashi festival scheduled to be held on 30.12.2025 and 31.12.2025 by passing appropriate orders within a time frame to be fixed by this Honourable Court.

For Petitioner M/s U.Gowri Shankar For Respondents:

Mr.S.Ravichandran, AGP (HR & CE) for R1 to R3

ORDER

The Writ Petition is filed a direction to the second respondent to consider the petitioner's representation dated 01.12.2025 and consequently, permit the petitioner to conduct the Vaikunta Ekadashi festival scheduled to be held on 30.12.2025 and 31.12.2025, by passing an appropriate orders, within a time frame to be fixed by the Court.

2. Upon hearing the learned counsel for the petitioner and perusing the representation submitted by the petitioner, it is seen that the petitioner is claiming a right because he belongs to a particular caste. This Court has already held that caste is not a religious denomination. No person can claim any right by virtue of caste. The petitioner can only claim all rights being a devotee of the temple.

3. It is also stated that an application claiming certain rights is already pending in O.A.No.5 of 2025, which can be decided on its own merits. In the meanwhile, as far as the present year festival is concerned, it is submitted that a Fit Person has already been appointed. Therefore, the festival will only be conducted by the temple and the person in-charge thereof. Since this year a Fit

person is in charge of the temple, he shall conduct the same and the petitioner as well as any other person who is devotee can participate in the conduct of the festival. It is made clear that either to a fit person or to any other person, on the basis of caste or creed or anything, whatsoever, no special preference will be given during the temple festival.

4. With the above observation, this Writ Petition is disposed of. No costs. 19-12-2025 ari To 1.The Joint Commissioner Hindu Religious And Charitable Endowment (Admn) Department, Kariyaperumal Kadu, Nethimedu, Salem District-636 002.

2.The Assistant Commissioner Hindu Religious And Charitable Endowment (Admn) Department, Kariyaperumal Kadu, Nethimedu, Salem District-636 002.

3.Fit Person / Executive Officer Arulmigu Karattupatti Kadhirraya Perumal Temple, Arulmigu Chittar Koil Chittar Koil Road, Kanjamalai, Salem District-637 502.

D.BHARATHA CHAKRAVARTHY, J.

ari W.P. No. 49246 of 2025 19-12-2025