N.Valli v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN and C.M.P(MD)Nos.7107, 7108 & 7111 of 2025 N.Valli ... Appellant vs.

1.The Commissioner, Hindu Religious and Charitable Endowment Department, Chennai - 600 034.

2.The Joint Commissioner, Hindu Religious and Charitable Endowment Administration Department, Ellis Nagar, Madurai - 625 001.

3.Lakshmi 4.Ponnupandian 5.Rajesh 6.Rishi Pandian 7.Jai Veera Pandian 8.Saravana Pandian 1/7

9.P.M.Pandirajan 10.Rebello 11.P.M.Chellapandi 12.Karthick ... Respondents PRAYER : Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 21.03.2025 made in W.P(MD)No.7868 of 2025 on the file of this Court.

For Appellant : Ms.K.Ashika For RR 1 & 2 : Mr.P.Subbaraj Special Government Pleader For RR 3, 5, 6 & 8 to 11 : Mr.R.J.Karthick For R - 12 : Mr.G.Rajagopalan Senior Counsel for Mr.VR.Shanmuganathan

JUDGMENT

(Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.) The Writ Appeal has been instituted to assail the writ order dated 21.03.2025 passed in W.P(MD)No.7868 of 2025.

2.The writ petitioner is the appellant before this Court. 2/7

3.The Writ Petition was filed challenging the order passed by the Joint Commissioner, Hindu Religious and Charitable Endowment Administration Department, dated 14.02.2025, relating to a dispute concerning pooja turn.

4.The learned Single Judge considered the issues and granted liberty to the appellant herein to prefer an appeal before the Commissioner, Hindu Religious and Charitable Endowments Department to redress the grievances.

5.The learned Special Government Pleader appearing for the respondents 1 and 2 submitted that a statutory appeal under Section 21 of the Tamil Nadu Hindu Religious and Charitable Endowment Act, would lie against the order passed by the Joint Commissioner. The appellant has approached the High Court without exhausting the alternative remedy contemplated under the Act.

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6.Exhausting the statutory remedy is of paramount importance. The factual findings and adjudication before the original authority and appellate authority would be of greater assistance to the High Court for the purpose of exercising its powers of judicial review in an effective manner. Thus, exhausting the statutory remedy is the rule and only in exceptional and extraordinary cases, the High Court may dispense with the statutory appeal contemplated under the Act.

7.Therefore, the appellant has to exhaust the alternative remedy contemplated under the Act. In the present case, the writ Court has also granted liberty to the appellant to approach the competent appellate authority under Section 21 of the Tamil Nadu Hindu Religious and Charitable Endowments Act. That being so, this Court does not +find any infirmity in respect of the writ order impugned and the same stands confirmed. 4/7

8.Accordingly, this Writ Appeal is dismissed. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.

[S.M.S.,J.] & [G.A.M.,J.] 14.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps 5/7

To 1.The Commissioner, Hindu Religious and Charitable Endowment Department, Chennai - 600 034.

2.The Joint Commissioner, Hindu Religious and Charitable Endowment Administration Department, Ellis Nagar, Madurai - 625 001.

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S.M.SUBRAMANIAM , J.

and G.ARUL MURUGAN , J.

ps ORDER MADE IN DATED : 14.08.2025 7/7