Murugan P v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.10.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN P.Murugan ... Petitioner Vs.

1.The Commissioner, Hindu Religious and Charitable Endowments Department, 119, Uthamar Gandhi Road, Thousand Lights West, Nungambakkam, Chennai-600 034.

2.The Assistant Commissioner, Hindu Religious & Charitable Endowments Department, Tenkasi.

3.The Inspector, Hindu Religious & Charitable Endowments Department, Puliyangudi.

4.Vani Jeyaraman ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned return order in N.Dis. No.2007639/2025/D2 dated 23.09.2025 issued by the 2nd respondent as illegal and quash the same and consequently direct the 1st respondent to entertain the appeal filed by the 1/4

petitioner against the order passed by the 2nd respondent and to taken on file within time frame fixed by this Court.

For Petitioner : Mr.J.Senthil Kumraiah For Respondent : Mr.P.Subbaraj Special Government Pleader for R1 to R3

ORDER

Heard both sides.

2. The petitioner suffered an adverse order at the hands of the Joint Commissioner, HR & CE, Thoothukudi on 23.01.2025. O.A.No.24 of 2023 filed by the petitioner herein was dismissed. Aggrieved by the same, the petitioner filed an appeal before the first respondent. Appeal was not filed in time. The first respondent had informed the writ petitioner that he has no power to condone the delay. The appeal stood rejected. Challenging the rejection order, this writ petition has been filed.

3. The petitioner had filed an application under Section 63(a) of the Tamil Nadu HR & CE Act. The petitioner did not get any relief. The petitioner has a statutory remedy of appeal. But the appeal was not filed within time. 2/4

4. Taking into account the special facts and circumstances of this case and also the fact that delay is only marginal, the order impugned in the writ petition is set aside. The first respondent is directed to number the appeal filed by the petitioner and give a disposal on merits and in accordance with law. The writ petition is allowed on these terms. No costs. 16.10.2025 Index : Yes / No Internet : Yes/ No rmi To 1.The Commissioner, Hindu Religious and Charitable Endowments Department, 119, Uthamar Gandhi Road, Thousand Lights West, Nungambakkam, Chennai-600 034.

2.The Assistant Commissioner, Hindu Religious & Charitable Endowments Department, Tenkasi.

3.The Inspector, Hindu Religious & Charitable Endowments Department, Puliyangudi.

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G.R.SWAMINATHAN, J.

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