V.Balamurugan v. The Joint Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.04.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH and WMP (MD) Nos.7658 & 7659 of 2025 V.Balamurugan : Petitioner Vs.
1. The Joint Commissioner, Hindu Religious and Charitable and Endowment Department, Ellis Nagar, Madurai District.
2. The Executive Officer, Hindu Religious and Charitable and Endowment Department, Arulmigu Muniyandiswamy Temple, Alanganallur, Madurai District.
: Respondents P RAYER:
Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the 2nd respondent vide his proceeding in Se.Mu.No. 001 dated 06.04.2025 quash the same and further directing the respondents to permit the petitioner to perform the traditional rituals customarily performed by his family during the 1/6
Arulmigu Shri Muniyandiswamy, Arulmigu Muthalamman, Arulmigu Ayyanar temples Panguni festival scheduled on 08.04.2025. For Petitioner : Mr.A.Jayaramachandran For Respondents : Mr.K.S.Selvaganesan Addl. Govt. Pleader for R1 & R2
O R D E R
This writ petition has been filed challenging the impugned order dated 06.04.2025 passed by the second respondent, whereby the claims of the petitioner to perform traditional rituals were rejected in connection with the annual Panguni festival of Arulmigu Shri Muniyandiswamy, Arulmigu Muthalamman, and Arulmigu Ayyanar temples, scheduled to be held on 08.04.2025. The petitioner also seeks a consequential direction to the respondents to permit him to perform the traditional rituals customarily performed by his family.
2. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.
3. When the matter was taken up for hearing, the learned counsel for the petitioner submitted that the second respondent had 2/6
passed the impugned order without conducting a fair enquiry or properly appreciating the materials submitted by the petitioner. He further submitted that, even after the passing of the impugned order, the second respondent has not served a copy of the same on the petitioner till date, thereby violating the principles of natural justice.
4. Per contra, the learned Additional Government Pleader, appearing on behalf of the respondents, submitted that in an earlier round of litigation, the petitioner had filed a writ petition seeking consideration of his representation with respect to the conduct of the Panguni Festival. Pursuant to the same, the petitioner's representation was considered and an order was passed on 06.04.2025. Now, the petitioner has once again approached this Court by filing the present writ petition, challenging the said order dated 06.04.2025.
5. The learned Additional Government Pleader further submitted that, if the petitioner is aggrieved by the said order, he may avail the remedy under Section 63(e) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, by filing an appropriate application before the first respondent. However, in the present case, 3/6
without invoking such statutory remedy, the petitioner continues to file writ petitions one after another.
6. Heard the learned counsel for the parties.
7. In view of the aforesaid submissions and considering the facts and circumstances of the case, the Writ Petition stands disposed of, granting liberty to the petitioner to approach the appellate authority within a period of two weeks from the date of receipt of a copy of this order. In case, any such appeal is filed by the petitioner within a period of two weeks from today, the appellate authority shall entertain the appeal and pass appropriate orders on its own merits and in accordance with law within two months thereafter, without reference to the period of limitation. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.
09.04.2025 Index : Yes / No Internet : Yes / No PKN 4/6
To
1. The Joint Commissioner, Hindu Religious and Charitable and Endowment Department, Ellis Nagar, Madurai District.
2. The Executive Officer, Hindu Religious and Charitable and Endowment Department, Arulmigu Muniyandiswamy Temple, Alanganallur, Madurai District.
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VIVEK KUMAR SINGH, J.
PKN W.P.(MD) No.10279 of 2025 09.04.2025 6/6