Kaliraj v. The Commissioner

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 16.12.2025

CORAM

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY W.P.(MD)No.35859 of 2025 Kaliraj ... Petitioner Vs 1.The Commissioner, Hindu Religious and Charitable Endowments Department, Chennai-34.

2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Thoothukudi District.

3.Geetanjali Mills Ltd, Rep by its Manager, Sri Gomathipuram Post, Sankarankoil, Tenkasi District - 627 753.

4.The Executive Officer, A/M. Sankaranarayanaswamy temple Sankarankoil, Tenkasi District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st Respondent to 1/6

take on file and dispose of the appeal Petition dated 20.03.2025 filed within the time period as fixed by this Court. For Petitioner : Mr. S.Madhavan For Respondents : Mr.K.Balasubramani Spl.Govt. Pleader for R1 & R2 Mr.S.Manohar for R4

O R D E R

This Writ Petition is filed seeking a Mandamus as against the 1st Respondent to take on file and dispose of the appeal Petition dated 20.03.2025 filed by the petitioner within the time period as fixed by this Court.

2. By consent, this Writ Petition is taken up for final disposal at the admission stage itself. Since no adverse order is going to be passed as against the third respondent, notice to them is dispensed with.

3. It is the grievance of the petitioner that when the petitioner filed an appeal under Section 69 of "the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959" (hereinafter referred to 2/6

as "the Act"), before the 1st respondent, the same was returned by stating that there is a delay in filing the appeal petition and the 1st respondent does not have the power to condone the delay. Hence, the petitioner has approached this Court with the aforesaid relief.

4. The learned counsel appearing for the petitioner has referred to a judgment of this Court in W.P.(MD)No.12174 of 2022, dated 17.06.2022, [Theivam Poosari Vs. The Commissioner, Hindu Religious and Charitable Endowments Department, Chennai], wherein this Court, referring to judgment of this Court in Poosari Sokkan Vs. The Commissioner, Tamil Nadu Hindu Religious Charitable Endowments Department in W.P.(MD)No.12536 of 2020, observed that the Commissioner has suo motu power under Section 69(2) of the Act to condone the delay. Hence, he prays for appropriate orders.

5. The learned Special Government Pleader appearing for the respondents 1 and 2 would submit that the petitioner's appeal would be considered in view of the decision of this Court in Theivam Poosari's case.

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6. Considering the above said facts, this Court directs the petitioner to represent the appeal and thereafter, the first respondent is directed to take the petitioner's appeal on its file, by taking into consideration of the decision of this Court in Theivam Poosari's case on the aspect of condoning the delay and dispose of the same. The entire exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order.

7. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

16.12.2025 vsm Index : Yes/No NCC : Yes/No 4/6

To 1.The Commissioner, Hindu Religious and Charitable Endowments Department, Chennai-34.

2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Thoothukudi District.

3.The Executive Officer, A/M. Sankaranarayanaswamy temple Sankarankoil, Tenkasi District.

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KRISHNAN RAMASAMY, J.

vsm W.P.(MD)No.35859 of 2025 16.12.2025 6/6